South Dakota § 1-41-25.4 - Removal of regulated entity from environmental audit provisions.
Full text of South Dakota South Dakota Codified Laws § 1-41-25.4 — Removal of regulated entity from environmental audit provisions., with citation guidance and answers to common questions.
§ 1-41-25.4. Removal of regulated entity from environmental audit provisions.
If abuses of §§ 1-41-25 to 1-41-25.4, inclusive, occur, the secretary may remove any violation by a regulated entity from the provisions of §§ 1-41-25 to 1-41-25.4, inclusive, upon entering a finding that the regulated entity has:
(1) Intentionally misrepresented material facts concerning violations disclosed under §§ 1-41-25 to 1-41-25.4, inclusive, or the nature or extent of any damage to human health or the environment;
(2) Engaged in multiple or continuous self auditing to intentionally avoid liability for violations; or
(3) Initiated a self audit to intentionally avoid liability for violations after the regulated entity's knowledge of imminent discovery.
Within thirty days of the entering of such a finding, the regulated entity shall be afforded an opportunity for a contested case hearing before the secretary on the matter, as provided under chapter 1-26. The final decision of the secretary constitutes final agency action and may be appealed to the circuit and supreme court as provided under chapter 1-26.
Source: SL 1996, ch 18, § 5A; SDCL § 1-40-37; SL 2021, ch 1 (Ex. Ord. 21-3), §§ 14, 56, eff. Apr. 19, 2021.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 1-41-25.4
What does South Dakota Codified Laws § 1-41-25.4 cover?
Section 1-41-25.4 ("Removal of regulated entity from environmental audit provisions.") 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 § 1-41-25.4?
A common citation format is "South Dakota Codified Laws § 1-41-25.4" (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 § 1-41-25.4 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.