49-41B-34. Violation of permit requirements as misdemeanor--Civil penalty--Continuing offense.
Any person required by this chapter to have a permit who begins construction of a facility without previously securing a permit as prescribed by this chapter, or who constructs, operates, or maintains a facility other than in compliance with the permit and any terms, conditions, and modifications contained therein is guilty of a Class 1 misdemeanor and is subject to a civil penalty of not more than ten thousand dollars. Each day of violation shall constitute a separate offense. The civil penalty provided for in this section shall be recoverable by suit filed by the Public Utilities Commission and shall be deposited into the permanent school fund.
Source: SL 1977, ch 390, ยง32.
Structure South Dakota Codified Laws
Title 49 - Public Utilities and Carriers
Chapter 41B - Energy Conversion And Transmission Facilities
Section 49-41B-1 - Legislative findings--Necessity to require permit for facility.
Section 49-41B-2 - Definition of terms.
Section 49-41B-2.1 - Transmission facility defined.
Section 49-41B-2.2 - Modified facility defined.
Section 49-41B-4 - Permit required before construction of facility after certain date.
Section 49-41B-4.1 - Trans-state transmission facility--Permit and legislative approval required.
Section 49-41B-4.2 - Trans-state transmission line--Criteria required.
Section 49-41B-4.3 - Seasonal diversity exchange of electric power.
Section 49-41B-4.5 - Foreclosure on nondivested agricultural land.
Section 49-41B-4.6 - Corporate ownership of agricultural land.
Section 49-41B-4.7 - Divestiture of less than fair market value not required.
Section 49-41B-5.1 - Posting of signs on proposed site--Time for posting--Contents.
Section 49-41B-7 - Assessment by local review committee--Factors included.
Section 49-41B-9 - Financing of committee expenses.
Section 49-41B-10 - Final report of committee.
Section 49-41B-11 - Applications for permit--Filing deadline--Form--Contents.
Section 49-41B-14 - Further data provided prior to hearings if required--Prehearing conference.
Section 49-41B-15 - Commission procedure following receipt of application for permit.
Section 49-41B-16 - Public input hearing--Location--Publication of notice.
Section 49-41B-17 - Parties to proceedings under chapter.
Section 49-41B-17.2 - Contested case hearing.
Section 49-41B-19.1 - Public comments on application.
Section 49-41B-21 - Environmental impact statement.
Section 49-41B-22 - Applicant's burden of proof.
Section 49-41B-22.3 - Reapplication for permit--Deposits and fees required.
Section 49-41B-24.1 - Extension of deadlines.
Section 49-41B-25.1 - Notice to commission of planned construction of certain wind energy projects.
Section 49-41B-25.2 - Wind energy facility to include aircraft detection lighting system.
Section 49-41B-26 - Accounting for expenditures of applicant's deposit--Refund of unused moneys.
Section 49-41B-27 - Construction, expansion, and improvement of facilities.
Section 49-41B-29 - Transfer of permit--Commission approval--Rules.
Section 49-41B-30 - Circuit court review of commission decision by aggrieved party--Procedures.
Section 49-41B-31 - Order not stayed by appeal--Stay or suspension by court.
Section 49-41B-32 - Surety bond required if order stayed or suspended--Other security.
Section 49-41B-33 - Revocation or suspension of permit--Grounds.
Section 49-41B-35 - Promulgation of rules.
Section 49-41B-36 - Authority to route or locate facilities not delegated to commission.
Section 49-41B-37 - Citation of chapter.
Section 49-41B-38 - Indemnity bond for damage to roads and bridges.
Section 49-41B-39 - Financial security for decommissioning of wind turbines or solar facilities.