1-50-1. State emergency response commission–Membership–Compensation and reimbursement. There is created the South Dakota State Emergency Response Commission. The commission shall consist of ten members. The secretary of the Department of Agriculture and Natural Resources, the secretary of the Department of Transportation, the director of the Division of Emergency and Disaster Services, and the secretary of […]
1-50-10. SERC report–Contents–Appropriations–Distribution of grants. At the end of the budget year the SERC shall submit a report to the Legislature detailing any fees collected pursuant to §1-50-8 which are in excess of the amount appropriated for these purposes and request a budget appropriation to remit this amount to the local emergency planning committees in […]
1-50-11. Facility owner or operator to pay annual fee–Date due–Late fee–Failure to submit forms or submission of fraudulent forms. The obligation to pay the fee imposed by §1-50-8 shall be upon the owner or operator of any facility required to make notification and shall accrue upon the appropriate SARA reporting deadline each year. The fee […]
1-50-2.Commission responsibilities. The South Dakota State Emergency Response Commission shall: (1)Coordinate and implement the requirements placed on the state by 42 U.S. C. §11001 et seq. as in effect on January 1, 1991; (2)Designate local emergency planning districts and supervise and coordinate the activities of the local emergency planning committees; and (3)Coordinate and implement federal […]
1-50-3. Promulgation of rules and procedures. The South Dakota State Emergency Response Commission may promulgate rules pursuant to chapter 1-26 to establish procedures for local emergency planning committees to apply for and receive grants from the commission for training and planning. The rules may include provisions to evaluate and enforce compliance with the grant requirements. […]
1-50-4. Funds of the Department of Agriculture and Natural Resources. The Department of Agriculture and Natural Resources may accept and expend for the purpose of this chapter any funds obtained from federal sources, gifts, contributions, or any other source if such acceptance and expenditure is approved in accordance with §4-8B-10. Source: SL 1991, ch 14, […]
1-50-5.State Emergency Response Commission duties. In accordance with the requirements imposed on the State Emergency Response Commission by 42 U.S. C. §11001 et seq. as in effect on January 1, 1990, the commission shall assist with local emergency planning committee plan development and review local plans for completeness. In addition, the commission shall: (1)Review local […]
1-50-6. Legislative findings–State Emergency Response Commission and fees on facilities reporting hazardous substances. The Legislature finds that in order to protect the public health, safety, welfare, and the environment of this state, it is in the public interest of the state to have a strong state emergency response commission with such resources as are necessary […]
1-50-7. SERC and SARA defined. For purposes of this chapter, “SERC” means State Emergency Response Commission and “SARA” means the Superfund Amendments and Reauthorization Act of 1986 as amended to January 1, 1992. Source: SL 1992, ch 254, §62; SDCL §34A-12-20; SL 1993, ch 257, §1.
1-50-8. Annual reporting fee schedules for SARA facilities–Maximum fee. There is hereby imposed an annual reporting fee upon each facility required to report hazardous substances as provided in SARA, title III, sections 312 and 313 in accordance with the following schedule: (1)SARA, title III, section 312–any facility required to report under this section shall submit […]
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 […]
