1-41-25. Voluntary environmental audits--Assumption against civil or criminal penalties.An environmental audit is a written, voluntary, internal assessment, evaluation, or review, not required by law, rule, regulation, or permit, that is conducted by a regulated entity or its agent, and initiated by the regulated entity for the purpose of determining compliance with environmental law, rule, regulation, or permit enforced by the department. By completing an environmental audit in compliance with the terms and conditions of §§1-41-25 to 1-41-25.4, inclusive, there shall be a presumption against the imposition of civil or criminal penalties for violations found and disclosed. Nothing in this section authorizes uninterrupted or continuous auditing. An environmental audit may not be used to prevent the department from carrying out its statutory or regulatory functions. Source: SL 1996, ch 18, §1; SDCL §1-40-33; SL 2021, ch 1 (Ex. Ord. 21-3), §§14, 56, eff. Apr. 19, 2021.
South Dakota Legal Code