South Dakota § 34A-2B-1 - Definitions.

§ 34A-2B-1. Definitions.

Terms used in this section mean:

(1)    "Corrective action," any action taken to minimize, contain, eliminate, remediate, mitigate, and clean up a discharge from a livestock operation, including any necessary emergency remedial action;

(2)    "Corrective action cost," any cost incurred by the department in the investigation of a discharge from a livestock operation; in the corrective action that is required if the secretary determines that a discharge has occurred, or a potential for a discharge exists but an owner, operator, or liability fund capable of performing the corrective actions either cannot be identified, refuses, or is unable to undertake the corrective actions; or the performance of reasonable measures undertaken to prevent or mitigate damage to the public health, safety, welfare, or environment of the state;

(3)    "Department," the Department of Agriculture and Natural Resources;

(4)    "Discharge," an intentional or unintentional act or omission which results in the release, spill, leak, escape, or disposal of manure or other materials or wastes associated with livestock operations that have not been contained or managed properly and are a source of harm or a threat of harm to public health, safety, or the environment, and must be corrected. The term excludes any allowable discharge from a livestock operation made in compliance with the conditions of a state environmental permit;

(5)    "Emergency remedial effort," any action taken to protect the public health, safety, or the environment from imminent danger resulting from a discharge or threatened discharge, and any action taken to contain a discharge which, if not contained, will in time pose a greater threat to the public health, safety, or the environment than if such action is not immediately taken;

(6)    "Environment," land, including public and private property, surface and underground waters, fish, wildlife, biota, air, and other such resources within the state;

(7)    "Person," public or private corporations, companies, associations, societies, firms, limited liability companies, partnerships, cooperatives, joint stock companies, individuals, the United States, this state and any of its political subdivisions and agencies, and any other state;

(8)    "Responsible person," a person who has caused a discharge of manure or other material or waste associated with livestock operations, or a person who is an owner or operator of a livestock operation at any time during or after the discharge, or a person otherwise jointly or severally liable under law for the discharge; and

(9)    "Secretary," the secretary of the Department of Agriculture and Natural Resources.

Source: SL 1998, ch 216, § 2; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.