74:12:08:01.  Books and records to be kept to substantiate reports. Producers, injectors, transporters, storers, refiners, gasoline or extraction plant operators, and initial purchasers of oil or gas in this state shall keep the books and records covering their operations in South Dakota for  not less than five years to substantiate the reports required by this article.

          Source: 38 SDR 117, effective January 12, 2012.

          General Authority: SDCL 45-9-13.

          Law Implemented: SDCL 45-9-17, 45-9-59.

          74:12:08:02.  Inspections -- Scope. The secretary may inspect all oil, gas, or injection wells; oil apparatus; pits; tanks; fire walls; dikes; pipelines; and other production, storage, or transportation facilities, records, and reports necessary for production or disposal under SDCL chapter 45-9 or this article. The scope of an inspection shall be limited to that reasonably necessary to ensure oil or gas is not being wasted, pollution of waters of the state and other natural resources is not occurring, reports filed with the secretary are accurate, and the operation is being conducted pursuant to the permits, approvals, and orders required by SDCL chapter 45-9 or this article.

          Source: 38 SDR 117, effective January 12, 2012.

          General Authority: SDCL 45-9-13.

          Law Implemented: SDCL 45-9-53, 45-9-54, 45-9-55.

          74:12:08:03.  Inspections -- Permission. All applications for permits, approvals, or orders filed under SDCL chapter 45-9 or this article shall contain a notarized statement of the operator granting permission to the secretary for the performance of inspections required or authorized by SDCL chapter 45-9 or this article. If the board finds, after notice and hearing, that an operator has withdrawn permission for the secretary to conduct any oil and gas inspection required or authorized by this article, the board may revoke or suspend any permit, approval, or order affected by the refusal to an inspection.

          Source: 38 SDR 117, effective January 12, 2012.

          General Authority: SDCL 45-9-13.

          Law Implemented: SDCL 45-9-53, 45-9-54, 45-9-55.

          74:12:08:04.  Inspections -- Search warrants. The secretary shall obtain a search warrant from the magistrate court in the area of the involved well before conducting an inspection if an operator has withdrawn permission to inspect, unless the involved violation can be discerned by the secretary without entering the operator's property. If the secretary is investigating a complaint alleging waste, pollution, or noncompliance with the provisions of SDCL chapter 45-9 or this article, an inspection may be conducted by the secretary only if the operator consents to the inspection or if a search warrant is obtained.

          Source: 38 SDR 117, effective January 12, 2012.

          General Authority: SDCL 45-9-13.

          Law Implemented: SDCL 45-9-53, 45-9-54, 45-9-55.

          74:12:08:05.  Pipeline maps required. Pipeline maps indicating the location, size, extensions, and any portions abandoned or not used must be annually filed with the secretary. This section does not apply to lease lines which are only used in the operation of the lease on which they are located or to any line or appurtenant tankage not located in this state.

          Source: 38 SDR 117, effective January 12, 2012.

          General Authority: SDCL 45-9-13.

          Law Implemented: SDCL 45-9-11, 45-9-13.