Upon receipt of a written notice of probable violation or warning, the pipeline operator shall respond to the inspector within 30 business days in any one of the following ways:

1. (1) Admit to the probable violation or warning and agree to the proposed civil penalty or correction action, or both. Any proposed civil penalty is subject to commission approval;
2. (2) Respond to the probable violation or warning and agree to the proposed civil penalty or corrective action, or both. Any proposed civil penalty is subject to commission approval;
3. (3) A written dispute of the reported probable violation or warning at which time the pipeline operator may request a hearing before the commission if the dispute cannot be resolved with the inspector; or
4. (4) A written dispute of the proposed civil penalty or proposed corrective action, or both, at which time the pipeline operator may request a hearing before the commission.

Source: 36 SDR 57, effective October 19, 2009.

General Authority: SDCL 49-34B-4 , 49-34B-19.

Law Implemented: SDCL 49-34B-3 , 49-34B-4 , 49-34B-5 , 49-34B-7 , 49-34B-12 , 49-34B-19 , 49-34B-27.