49-34B-5. Noncompliance--Hearing--Corrective action.
Any person who engages in the intrastate transportation of gas or who owns or operates intrastate gas pipeline facilities shall at all times after the effective date of any applicable safety standard established under this chapter comply with the requirements of the standard. If the commission finds, after notice and opportunity for hearing, that a person has failed to comply with any applicable safety standard, the commission may order the person to take necessary corrective action to comply with the standard. Corrective action may include suspended or restricted use of the facility, physical inspection, testing, repair, replacement, or other action, as appropriate. The commission may issue an order without notice and opportunity for hearing if the commission determines that to do otherwise would result in the likelihood of serious harm to life, health, environment, or property. The commission shall include in such an order an opportunity for hearing as soon as practicable after issuance of the order.
Source: SL 1994, ch 357, ยง4.
Structure South Dakota Codified Laws
Title 49 - Public Utilities and Carriers
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-7 - Required records and information--Inspection by employee or agent of commission.
Section 49-34B-8 - Programs for prevention of damage.
Section 49-34B-10 - Calculating inspection fee for intrastate operators.
Section 49-34B-13 - Conduct in violation of federal act--Authority of commission to pursue remedies.
Section 49-34B-15 - Designation of commission's inspectors as federal agents.
Section 49-34B-17 - Calculation of interstate operator's inspection 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-27 - Powers of commission in enforcement of chapter.