34-53-5. Approval or denial of claim or request for pre-approval.
The director shall approve or deny, in whole or in part, any claim submitted under §34-53-3 or any request submitted under §34-53-4. The director may condition any claim for extraordinary expense at the director's discretion.
The director shall issue an action notice to the state, political subdivision, and the pipeline company of the approval or denial, in whole or in part, of a claim within ten days of receiving the claim under §34-53-3, or of a request within ten days of receiving claim documentation as required under §34-53-4. The action notice shall include all approved and denied portions of the claim, and the rationale for the approval or denial, in sufficient detail to allow the secretary, political subdivision, and the pipeline company to review the decision. An action notice may be accompanied by the records submitted in accordance with §34-53-3.
A claim submitted by the state or a political subdivision is not payable from the PEACE fund until the claim is approved by the director. The director shall authorize disbursements from the fund for payment of an approved claim to the state or a political subdivision within forty-five days from the date of the action notice. (This section is repealed effective June 30, 2025 pursuant to SL 2019, ch 157, §19.)
Source: SL 2019, ch 157, §5, eff. Mar. 27, 2019.
Structure South Dakota Codified Laws
Title 34 - Public Health and Safety
Chapter 53 - Expenses Arising Out Of Pipeline Construction
Section 34-53-1 - Definitions.
Section 34-53-2 - PEACE fund established.
Section 34-53-3 - Claim for extraordinary expense--Records.
Section 34-53-4 - Request for pre-approval of anticipated claim for extraordinary expense.
Section 34-53-5 - Approval or denial of claim or request for pre-approval.
Section 34-53-6 - Time for submission and approval of claim or request for pre-approval.
Section 34-53-8 - Reimbursements to be deposited in PEACE fund.
Section 34-53-9 - Pipeline company objection to approval or denial of claim--Review--Appeal.
Section 34-53-11 - Calculation and billing of special fees.
Section 34-53-12 - Special fee as continuing lien on pipeline company property.
Section 34-53-13 - Pipeline company to furnish surety bond.
Section 34-53-14 - Cease and desist order for noncompliance.
Section 34-53-15 - Title to surety bond vested in the state.
Section 34-53-16 - Discretion of secretary.
Section 34-53-17 - Contract between state and pipeline company.