South Dakota § 34A-15-6.1 - State brownfields revitalization and economic development program--Liability for costs of a response action or remediation--Limitation.
Full text of South Dakota South Dakota Codified Laws § 34A-15-6.1 — State brownfields revitalization and economic development program--Liability for costs of a response action or remediation--Limitation., with citation guidance and answers to common questions.
§ 34A-15-6.1. State brownfields revitalization and economic development program--Liability for costs of a response action or remediation--Limitation.
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:
(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
(2) The lender-owner, its employees, or agents knowingly and willfully compelled the borrower to:
(a) Perform an action that caused an immediate release of regulated substances in excess of reportable quantities; or
(b) Violate any environmental statute or regulation.
Liability 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.
Source: SL 2004, ch 228, § 1; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 34A-15-6.1
What does South Dakota Codified Laws § 34A-15-6.1 cover?
Section 34A-15-6.1 ("State brownfields revitalization and economic development program--Liability for costs of a response action or remediation--Limitation.") 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 § 34A-15-6.1?
A common citation format is "South Dakota Codified Laws § 34A-15-6.1" (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 § 34A-15-6.1 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.