Section 49-34B-5 - Noncompliance--Hearing--Corrective action. - South Dakota Statutes

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, § 4.