South Dakota § 1-50-9 - SARA fee subfund--Agency activities.

§ 1-50-9. SARA fee subfund--Agency activities.

There is hereby created the SARA fee subfund of the environmental fee fund established in § 1-41-23. This subfund shall consist of moneys from public and private sources including legislative appropriations, federal grants, gifts and fees received pursuant to § 1-50-8. The subfund shall be separately maintained and be administered by the secretary in order to defray expenses of all activities associated with administering the state emergency response commission including the use of such funds as a match for any grants the commission may receive. Expenditures from the subfund shall be appropriated through the normal budget process.

These activities shall be conducted by the Department of Agriculture and Natural Resources, the Department of the Military or any other agency designated as staff for the State Emergency Response Commission by the Governor. These activities shall include the following:

(1)    Establish a toll-free number to obtain reporting information or assistance;

(2)    Assist local and county governments in establishing viable local emergency planning committees;

(3)    Assist local emergency planning committees in preparing, exercising and updating emergency response plans required by this program;

(4)    Organize or conduct appropriate training activities for representatives of government entities and first responders in accordance with accepted practice as funding is available;

(5)    Develop procedures to apply for and distribute grant funding available through any appropriate federal or other nonstate sources;

(6)    Produce a compliance package to assist facilities with the requirements of SARA title III, sections 302, 311 and 312;

(7)    Deliver the reporting package to known facilities no later than six weeks before the March first reporting deadline;

(8)    Identify possible reporting facilities and provide them with the documents necessary to comply with SARA title III, section 313 - the toxics release inventory; and

(9)    Develop an educational program including any of the following:

(a)    A video detailing facility compliance and illustrating completion of the appropriate forms;

(b)    Meeting for facility representatives in various locations around the state before the reporting deadlines to assist with compliance; or

(c)    Assistance to local emergency planning committees to improve their ability to identify and provide information to the facilities in their communities.

Unexpended funds and interest shall remain in the subfund until appropriated by the Legislature.

Source: SL 1992, ch 254, § 64; SDCL § 34A-12-22; SL 1993, ch 257, § 1; SL 2011, ch 1 (Ex. Ord. 11-1), § 18, eff. Apr. 12, 2011; SL 2021, ch 1 (Ex. Ord. 21-3), § 52, eff. Apr. 19, 2021.