49-7A-5. Notification of proposed excavation.
No excavator may begin any excavation without first notifying the one-call notification center of the proposed excavation. The excavator shall give notice by telephone or by other methods approved by the board pursuant to rules promulgated pursuant to chapter 1-26 to the one-call notification center at least forty-eight hours prior to the commencement of the excavation, excluding Saturdays, Sundays, and legal holidays of the state. The board may promulgate rules to reduce the forty-eight-hour interval for emergency or subsequent inquiries to the original locate request and may lengthen the forty-eight-hour interval for nonexcavation requests.
Source: SL 1993, ch 346, §6; SL 1994, ch 354, §4; SL 1997, ch 263, §2; SL 2002, ch 211, §3; SL 2007, ch 264, §2.
Structure South Dakota Codified Laws
Title 49 - Public Utilities and Carriers
Chapter 07A - One-Call Notification System For Excavation Activities
Section 49-7A-1 - Definition of terms.
Section 49-7A-2 - Establishment of One-Call Notification Board.
Section 49-7A-3 - Governing board--Representation--Term of appointment.
Section 49-7A-4 - Rules--Operating procedures.
Section 49-7A-5 - Notification of proposed excavation.
Section 49-7A-7 - Duties of one-call notification center.
Section 49-7A-8 - Location of underground facilities--Marking.
Section 49-7A-9 - Failure to provide timely location markings--Inadequate markings--Liability.
Section 49-7A-10 - Liability for damage to underground facility.
Section 49-7A-13 - Inability to locate underground facility.
Section 49-7A-14 - Local permit requirements unaffected.
Section 49-7A-17 - Complaints--Rules of Practice.
Section 49-7A-19 - Penalties for intentional violations.
Section 49-7A-20 - Each violation as separate offense.
Section 49-7A-21 - Complaint and order prerequisites for penalty--Time limit.
Section 49-7A-23 - Panel to forward complaint to respondent.
Section 49-7A-24 - Respondent to satisfy or answer complaint--Procedure.
Section 49-7A-25 - Complaint, answer to be sole basis for probable cause determination.
Section 49-7A-26 - Factors considered in determining amount of penalty.
Section 49-7A-28 - Action to recover penalty.
Section 49-7A-29 - Record and evidence in court action.
Section 49-7A-30 - Board to maintain docket and index.
Section 49-7A-31 - Board to keep transcript of proceedings--Certification.
Section 49-7A-32 - Removal of board member for conflict of interest.
Section 49-7A-33 - Demand for penalty required before suit brought .
Section 49-7A-34 - Board action has presumption of validity.
Section 49-7A-35 - Annual report of board (Effective July 1, 2019).