Section 34-53-8 – Reimbursements to be deposited in PEACE fund.
34-53-8. Reimbursements to be deposited in PEACE fund. If the state or a political subdivision receives payment from the PEACE fund for an extraordinary expense, and subsequently receives reimbursement through restitution, judgment, settlement, contribution, or other funding for the expense from any other source, except civil recoveries, the reimbursement shall be deposited into the fund. […]
Section 34-53-9 – Pipeline company objection to approval or denial of claim–Review–Appeal.
34-53-9. Pipeline company objection to approval or denial of claim–Review–Appeal. A pipeline company that disputes the approval or denial, in whole or in part, of a claim under §34-53-5 may, within ten days of the date of the action notice, submit its objection in good faith, together with a statement of the basis for the […]
Section 34-53-10 – Pipeline company initial deposit into PEACE fund–Return of balance after project completion.
34-53-10. Pipeline company initial deposit into PEACE fund–Return of balance after project completion. Within twenty days of a project commencement date, the pipeline company shall make an initial deposit to the PEACE fund equal to five percent of the bond required under §34-53-13. The project account and fund may only be used in accordance with […]
Section 34-53-11 – Calculation and billing of special fees.
34-53-11. Calculation and billing of special fees. On a monthly basis, the Department of Public Safety shall calculate the special fee from the total approved claims paid from the fund during the prior calendar month. The total extraordinary expenses shall include the interest computed at the federal short-term applicable rate as set forth under 26 […]
Section 34-53-12 – Special fee as continuing lien on pipeline company property.
34-53-12. Special fee as continuing lien on pipeline company property. Any special fee billed under §34-53-11, including any computed interest, is a continuing lien on all property owned by the pipeline company within this state until the total special fee is paid in full or otherwise finally resolved. The secretary of the Department of Revenue […]
Section 34-53-13 – Pipeline company to furnish surety bond.
34-53-13. Pipeline company to furnish surety bond. A pipeline company shall furnish a surety bond to the Department of Revenue written by a company authorized by the Division of Insurance to write surety bonds, in an amount of one million dollars for every ten miles affected by a project, but not in excess of twenty […]
Section 34-53-14 – Cease and desist order for noncompliance.
34-53-14. Cease and desist order for noncompliance. In addition to any other remedy provided by law, if a pipeline company fails to meet the requirements of this chapter, the secretary may order the pipeline company, and any person acting on the pipeline company’s behalf, to issue a full, partial, or conditional cease and desist from […]
Section 34-53-15 – Title to surety bond vested in the state.
34-53-15. Title to surety bond vested in the state. All right and title in any surety bond furnished under §34-53-13 is vested with the state. The surety bond does not constitute an asset of a pipeline company that is required to furnish the surety bond under §34-53-13, and may not be canceled, assigned, revoked, disbursed, […]
Section 34-53-16 – Discretion of secretary.
34-53-16. Discretion of secretary. The secretary may instruct the director to: (1)Withhold, delay, suspend, or reduce any monthly billing to a pipeline company, if the secretary has cause to anticipate the receipt of an additional deposit from a source other than a pipeline company; (2)For good cause shown, review any claim that is submitted to […]
Section 34-53-17 – Contract between state and pipeline company.
34-53-17. Contract between state and pipeline company. Nothing in this chapter prevents the state and a pipeline company from entering into any contract or other agreement, provided the terms of the contract or agreement are not inconsistent with this chapter. (This section is repealed effective June 30, 2025 pursuant to SL 2019, ch 157, §19.) […]