49-7A-1. Definition of terms. Terms used in this chapter mean: (1)”Bar test survey,” a leakage survey completed with a non-conductive piece of equipment made by driving or boring small holes in the ground at regular intervals along the route of an underground gas pipe for the purpose of extracting a sample of the ground atmosphere […]
49-7A-10. Liability for damage to underground facility. Compliance with this chapter and the rules promulgated pursuant thereto does not excuse a person from acting in a careful and prudent manner nor does compliance with this chapter and the rules promulgated pursuant thereto affect any civil remedies otherwise provided by law for personal injury or for […]
49-7A-12. Notification of damage to underground facility–Repairs–Flammable, toxic, or corrosive gas or liquid. If any underground facility is damaged, dislocated, or disturbed in advance of or during excavation work, the excavator shall immediately notify the one-call notification center and, if known, the operator of the facility of the damage, dislocation, or disturbance. No excavator may […]
49-7A-13. Inability to locate underground facility. If in the course of excavation the excavator is unable to locate the underground facility or discovers that the operator of the underground facility has incorrectly located the underground facility, he shall promptly notify the operator, or, if unknown, the one-call notification center. Source: SL 1993, ch 346, §14.
49-7A-14. Local permit requirements unaffected. This chapter does not affect or impair any local ordinances or other provisions of law requiring permits to be obtained before excavation. However, a permit issued by any governing body does not relieve the excavator from complying with the requirements of this chapter. Source: SL 1993, ch 346, §15.
49-7A-15. Owners and operators of underground facilities required to register with one call notification system. Any person owning or operating underground facilities, including a farm tap customer owning a farm tap distribution system, which serves third parties or which crosses a property line or is located in a public highway shall register with the one […]
49-7A-17. Complaints–Rules of Practice. Any person with a complaint against a party who violates or with a complaint against a party who procures, aids, or abets in the violation of §49-7A-2, 49-7A-5, 49-7A-8, or 49-7A-12, or any rules promulgated pursuant to §49-7A-2, 49-7A-5, or 49-7A-8, may apply to the board for relief. No complaint may […]
49-7A-18. Penalties. Except as provided in §49-7A-19 and in addition to all other penalties provided by law, any person who violates or who procures, aids, or abets in the violation of §49-7A-2, 49-7A-5, 49-7A-8, or 49-7A-12, or any rules promulgated pursuant to §49-7A-2, 49-7A-5, or 49-7A-8 may be assessed a penalty of up to one […]
49-7A-19. Penalties for intentional violations. In addition to all other penalties provided by law, any person who intentionally violates or who intentionally procures, aids, or abets in the violation of §49-7A-2, 49-7A-5, 49-7A-8, or 49-7A-12, or any rules promulgated pursuant to §49-7A-2, 49-7A-5, or 49-7A-8 may be assessed a penalty of up to five thousand […]
49-7A-2. Establishment of One-Call Notification Board. The Statewide One-Call Notification Board is established as an agency of state government and funded by revenue generated by the one-call notification center. The board is attached to the Public Utilities Commission only for budgetary purposes. The board is solely responsible for all contractors and employment of any personnel […]
49-7A-20. Each violation as separate offense. Each violation of any statute or rule of the Statewide One-Call Notification Board constitutes a separate offense. In the case of a continuing violation, each day that the violation continues constitutes a separate violation. Source: SL 2002, ch 211, §14.
49-7A-21. Complaint and order prerequisites for penalty–Time limit. No penalty may be imposed pursuant to §§49-7A-18 and 49-7A-19 except by order following a complaint pursuant to §49-7A-17. A complaint alleging a violation of any statute, except §49-7A-12, or alleging a violation of any rule of the Statewide One-Call Notification Board shall be brought not later […]
49-7A-22. Panel to determine existence of probable cause for violation–Recommendation to board. Upon the initiation of a complaint pursuant to §49-7A-17, a panel of three or five members of the Statewide One-Call Notification Board shall be appointed by the chair for the purpose of determining whether there is probable cause to believe there has been […]
49-7A-23. Panel to forward complaint to respondent. Upon receipt of a complaint and the appointment of a panel, the panel shall forward to the respondent a statement of the complaint and a notice requiring the respondent to satisfy the complaint or answer it in writing within twenty days from the date of service of the […]
49-7A-24. Respondent to satisfy or answer complaint–Procedure. The respondent shall, within the time fixed by the notice served upon it, satisfy the complaint or answer the complaint by filing the original and two copies of the answer in the office of the board and serving a copy on each complainant. Source: SL 2002, ch 211, […]
49-7A-25. Complaint, answer to be sole basis for probable cause determination. A determination of probable cause shall be made by the panel solely on these submissions and no other evidence shall be considered. Source: SL 2002, ch 211, §19.
49-7A-26. Factors considered in determining amount of penalty. The amount of recommended penalty shall be determined by a majority vote of the panel. Factors to be considered in determining the amount of the penalty shall be: (1)The amount of damage, degree of threat to the public safety, and inconvenience caused; (2)The respondent’s plans and procedures […]
49-7A-27. Board to accept panel’s recommendation–Exception when party requests hearing–Conduct of hearing. The board shall accept the recommendations of the panel unless either party requests a hearing. A party requests a hearing by rejecting the panel’s recommendation within twenty days from the date of service of the notice. However, the board may extend the time […]
49-7A-28. Action to recover penalty. If the amount of the penalty is not paid to the board, the board, shall bring an action in the name of the State of South Dakota to recover the penalty in accordance with §49-7A-33. No action may be commenced until after the time has expired for an appeal from […]
49-7A-29. Record and evidence in court action. In the trial of an action pursuant to §49-7A-28, the evidence introduced in the proceedings before the board shall constitute the record and evidence on the trial of the case in court. No additional evidence other than that introduced before the board may be introduced at the court […]
