74:34:01:01Definitions.

Terms used in this article mean: (1) "CERCLA," the Comprehensive Emergency Response, Compensation and Liability Act of 1980; (2) "Department," the Department of Agriculture and Natural Resources; (3) "Hazardous chemical," any chemical which is a physical or health hazard, but not the following substances: (a) Any food, food additive, color additive, drug, or cosmetic regulated by the U.S. Food and Drug Administration; or (b) Any substance present as a solid in any manufactured item if exposure to the substance does not occur under normal conditions of use; (4) "Hazardous waste," as defined in 40 C.F.R. § 261.3 (July 1, 1988); (5) "Mixture," a heterogeneous association of substances in which the various individual substances retain their identities and can usually be separated by mechanical means; (6) "Reportable quantity," a discharge of a regulated substance to the environment in sufficient quantity to harm or threaten to harm the public health, safety, welfare, property, or natural resources of the state, or a regulated substance discharged in a quantity reportable according to the provisions of SARA, Title III, § 304 (1986); (7) "Responsible person," as defined in SDCL 34A-12-1; (8) "SARA," the Superfund Amendments and Reauthorization Act of 1986

Source: 17 SDR 48, effective October 3, 1990; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.