South Dakota Codified Laws
Chapter 34B - Pipeline Safety
Section 49-34B-1 - Definition of terms.

49-34B-1. Definition of terms.
Terms used in this chapter mean:
(1)"Commission," the Public Utilities Commission;
(2)"Emergency release," a release of a quantity of gas that is great enough to pose a clear and immediate danger to life, health, environment, or that threatens a significant loss of property;
(3)"Gas," natural gas, liquefied natural gas, flammable gas, gas which is toxic or corrosive, or liquefied petroleum gas in distribution systems;
(4)"Gas pipeline," all parts of those physical facilities through which gas moves in transportation, including pipe, valves, and other appurtenances attached to pipe, compressor units, metering stations, regulator stations, delivery stations, holders, and fabricated assemblies;
(5)"Gas pipeline facilities," new and existing pipelines, rights-of-way, master meter systems, pipeline facilities within this state which transport gas from an interstate gas pipeline to a direct sales customer within this state purchasing gas for its own consumption, and any equipment, facility, or building used in the transportation of gas or in the treatment of gas during the course of transportation;
(6)"Inspection fee," any fee assessed to pipeline operators based on the expenses and obligations incurred by the commission in implementing and administering this chapter;
(7)"Intrastate pipeline," any pipeline or that part of a pipeline to which this part applies that is not an interstate pipeline;
(8)"Interstate pipeline," pipeline facilities used in the transportation of gas which are subject to the jurisdiction of the Federal Energy Regulatory Commission under the Natural Gas Act, United States Code, Title 15, sections 717 to 717z, inclusive, as amended to January 1, 2019, except that it does not include any pipeline facilities within this state which transport gas from an interstate gas pipeline to a direct sales customer within this state purchasing gas for its own consumption;
(9)"Liquefied natural gas," natural gas or synthetic gas having methane (CH4) as its major constituent that has been changed to a liquid or semisolid;
(10)"Master meter system," any pipeline system for distributing gas within a definable area, such as a mobile home park, housing project, or apartment complex, where the operator purchases metered gas from an outside source for resale through a gas distribution pipeline system and the gas distribution pipeline system supplies the ultimate consumer who either purchases the gas directly through a meter or by other means, such as by rents;
(11)"Pipeline operator," any person who owns or operates a pipeline;
(12)"Release," a spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, leaching, dumping, disposing, flowing, or any uncontrolled escape of a gas from a pipeline; and
(13)"Transportation of gas," the gathering, transmission, or distribution of gas by pipeline or the storage of gas.

Source: SL 1994, ch 357, §1; SL 1995, ch 264, §1; SL 2007, ch 273, §1; SL 2009, ch 242, §1; SL 2010, ch 225, §1; SL 2011, ch 210, §1; SL 2012, ch 231, §1; SL 2016, ch 226, §1; SL 2019, ch 199, §1.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 49 - Public Utilities and Carriers

Chapter 34B - Pipeline Safety

Section 49-34B-1 - Definition of terms.

Section 49-34B-3 - Pipeline safety inspection program created--Compliance program.

Section 49-34B-4 - Promulgation of safety standards--Considerations.

Section 49-34B-5 - Noncompliance--Hearing--Corrective action.

Section 49-34B-6 - Plan for inspection and maintenance of facility--Inadequate plan--Hearing--Revision.

Section 49-34B-7 - Required records and information--Inspection by employee or agent of commission.

Section 49-34B-8 - Programs for prevention of damage.

Section 49-34B-9 - Inspection fee for intrastate operators--Recovery of unreasonable fees--Pipeline safety account established.

Section 49-34B-10 - Calculating inspection fee for intrastate operators.

Section 49-34B-11 - Initial inspection fee for intrastate operators--Filing objection--Delinquency fee--Fees credited to pipeline safety account.

Section 49-34B-12 - Civil penalty for violations--Maximum penalties--Penalties credited to pipeline safety account--Interstate facilities exempt.

Section 49-34B-13 - Conduct in violation of federal act--Authority of commission to pursue remedies.

Section 49-34B-14 - Commission as agent of United States Department of Transportation in regulating interstate pipelines.

Section 49-34B-15 - Designation of commission's inspectors as federal agents.

Section 49-34B-16 - Inspection fee for interstate operators--Objections to fee--Fees deposited in pipeline safety account.

Section 49-34B-17 - Calculation of interstate operator's inspection fee.

Section 49-34B-18 - Initial inspection fee for interstate operators--Filing objections--Hearings--Delinquency fee.

Section 49-34B-19 - Promulgation of inspection and safety rules.

Section 49-34B-20 - Promulgation of rules for calculation, assessment, and collection of fees.

Section 49-34B-21 - Accident report available in judicial proceedings.

Section 49-34B-22 - Trade secrets information confidential.

Section 49-34B-23 - Acceptance of federal moneys.

Section 49-34B-24 - Waiver of compliance with standards--Reasons to be stated.

Section 49-34B-25 - Damaging or tampering with sign or line markers prohibited--Violation as misdemeanor.

Section 49-34B-26 - Prohibition against disposing of, destroying or altering pipeline involved in emergency release--Violation as felony.

Section 49-34B-27 - Powers of commission in enforcement of chapter.