2018 Senate Bill 188 - Printed

State of South Dakota  
NINETY-THIRD SESSION
LEGISLATIVE ASSEMBLY, 2018  

682Z0854   SENATE BILL   NO.  188  

Introduced by:    Senators Frerichs, Heinert, Kennedy, Killer, and Nelson and Representatives Bartling, May, and Schoenfish
 

        FOR AN ACT ENTITLED, An Act to require certain groundwater observation wells in the event of an oil spill.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That chapter 34A-18 be amended by adding a NEW SECTION to read:
    In the event of an oil spill, a crude oil pipeline operator shall install groundwater observation wells. Groundwater observation wells shall be installed at the site of the oil spill and ten miles from the site of the spill. The department shall monitor and test any groundwater observation well, installed pursuant to this section, for contamination. The department shall monitor and test the wells at the time of the spill and sixty days after the spill. The department shall make the results of any contamination testing available to the public on the department's website. The oil pipeline operator shall pay for the installation of the groundwater observation wells and the cost of testing in the event of an oil spill. The department may promulgate rules, pursuant to chapter 1-26, to establish:
            (1)    The minimum requirements for a groundwater observation well;
            (2)    The number of ground water observation wells, in addition to the number of wells

required by this section, that shall be placed in the event of an oil spill; and

            (3)    The location of any ground water observation well, in addition to the location of wells required by this section, that is placed in the event of an oil spill.