70:10:02:02.  Nonconforming use of utility corridor. The department may find use of a utility corridor to be out of conformance with these rules if:

          (1)  The use of the utility corridor was not authorized in accordance with § 70:10:01:02;

          (2)  The permittee did not comply with stipulations attached to the permit in accordance with § 70:10:01:10; or

          (3)  The permittee has not maintained adequate liability coverage.

          If such a finding is made, the department may order correction of the nonconformity, require the permittee to submit a new utility corridor application, or suspend or revoke the permit and order the removal of the utility line or facility. The permittee shall be responsible for all costs of the removal.

          Source: 32 SDR 32, effective August 30, 2005.

          General Authority: SDCL 31-19-1.1.

          Law Implemented: SDCL 31-19-1.1.