1-41-25.4. Removal of regulated entity from environmental audit provisions.
163 words·~1 min read·
/sd/title-1/chapter-1-41/1-41-25-4·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
If abuses of §§ 1-41-25 to 1-41-25.4 , inclusive, occur, the secretary may remove any violation by a regulated entity from the provisions of §§ 1-41-25 to 1-41-25.4 , inclusive, upon entering a finding that the regulated entity has:
(1)Intentionally misrepresented material facts concerning violations disclosed under §§ 1-41-25 to 1-41-25.4 , inclusive, or the nature or extent of any damage to human health or the environment;
(2)Engaged in multiple or continuous self auditing to intentionally avoid liability for violations; or
(3)Initiated a self audit to intentionally avoid liability for violations after the regulated entity's knowledge of imminent discovery.
Within thirty days of the entering of such a finding, the regulated entity shall be afforded an opportunity for a contested case hearing before the secretary on the matter, as provided under chapter 1-26 . The final decision of the secretary constitutes final agency action and may be appealed to the circuit and supreme court as provided under chapter 1-26 .