South Dakota Codified Laws
Chapter 34B - Pipeline Safety
Section 49-34B-18 - Initial inspection fee for interstate operators--Filing objections--Hearings--Delinquency fee.

49-34B-18. Initial inspection fee for interstate operators--Filing objections--Hearings--Delinquency fee.
Upon certification as a federal agent, the commission shall assess an initial inspection fee upon all interstate gas pipeline operators. The initial inspection fee is based on the commission's estimated costs of its first six months of operation as a federal agent. The initial inspection fee shall be prorated based on each interstate gas pipeline operator's total miles of line located within this state. The operator may, within thirty days after the assessment is mailed, file written objections with the commission stating the grounds upon which it claims that the assessment is not reasonable. The commission shall within thirty days of receiving such objections hold a hearing and issue an order in accordance with its findings as to the proper amount to be assessed to the operator. The order shall be appealable pursuant to chapter 1-26. If an operator does not pay, or object to, the initial inspection fee within thirty days after the assessment is mailed, the commission may impose a delinquency fee of ten percent of the initial inspection fee and interest at the rate of fifteen percent per year on the portion of the initial inspection fee not paid. Fees collected under this section shall be deposited in the pipeline safety account established in §49-34B-9. Any interest earned on money in the fund shall be deposited in the fund. The money is continuously appropriated to the use of the commission to implement and administer the provisions of this chapter.

Source: SL 1994, ch 357, §17.

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.