South Dakota Codified Laws
Chapter 34B - Pipeline Safety
Section 49-34B-12 - Civil penalty for violations--Maximum penalties--Penalties credited to pipeline safety account--Interstate facilities exempt.

49-34B-12. Civil penalty for violations--Maximum penalties--Penalties credited to pipeline safety account--Interstate facilities exempt.
Any person who violates any provision of this chapter or any rule promulgated pursuant to this chapter is subject to a civil penalty to be imposed by the commission, after notice and opportunity for hearing. The civil penalty may not exceed two hundred thousand dollars for each violation each day that the violation persists, except that the maximum civil penalty may not exceed two million dollars for any related series of violations. In determining the amount of the penalty upon finding a violation, or the amount of a compromise settlement, the commission shall consider the appropriateness of the penalty to the size of the business of the person charged, the gravity of the violation, prior offenses and compliance history, the good faith of the person charged in attempting to achieve compliance, and such other matters as justice may require. All penalties collected pursuant to this chapter shall be deposited in the state treasury to the credit of the pipeline safety account, established pursuant to §49-34B-9. This section does not apply to interstate gas pipeline facilities.

Source: SL 1994, ch 357, §11; SL 2012, ch 231, §5; SL 2019, ch 199, §4.

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.