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State of South Dakota
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EIGHTY-SECOND SESSION LEGISLATIVE ASSEMBLY, 2007 |
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SENATE COMMERCE COMMITTEE ENGROSSED
NO.
SB 10
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01/30/2007
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Introduced by:
The Committee on Commerce at the request of the Statewide One-Call
Notification Board
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FOR AN ACT ENTITLED, An Act to
revise certain requirements and procedures regarding the
one-call notification system for excavation activities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That subdivision (3) of § 49-7A-1 be amended to read as follows:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That subdivision (3) of § 49-7A-1 be amended to read as follows:
(3)
"Excavation," any operation in which earth, rock, or other material in or
on
below
the
ground is moved or otherwise displaced by means of tools, equipment, or explosives,
and includes grading, trenching, digging, ditching, drilling, augering, tunneling,
scraping, and cable or pipe plowing or driving, except
tilling
:
(a) Tilling
of soil and gardening to a depth of twelve inches and the tilling of soil
for agricultural purposes to a depth of eighteen inches
, road and ditch
maintenance that does not extend below eighteen inches of original roadgrade
or ditch flowline within the road right-of-way, digging
;
(b) Pot hole repair and grading of an existing public road if the pot hole repair and
grading does not extend more than twelve inches below the finished roadway;
(c) Any vehicle operation or operation involving the use of any hand tool, other
than a power tool, so long as such operation does not extend more than
eighteen inches below the surface of the groundline within the right-of-way;
(d) Any road and ditch repair or road and ditch activity that does not extend more
than eighteen inches below the surface of the groundline within the right-of-
way, so long as the person performing the repair or activity notifies the one-
call notification center in advance of commencing excavation, by telephone
or other methods approved by the board, of the proposed repair or activities;
(e) Digging
in a cemetery
, or digging
; and
(f) Digging
in a planned sanitary landfill;
Section
2.
That
§
49-7A-5
be amended to read as follows:
49-7A-5. No excavator may begin any excavation without first notifying the one-call notification center of the proposed excavation. The excavator shall give notice by telephone
,
facsimile, in person,
or by other methods approved by the board pursuant to rules promulgated
pursuant to chapter 1-26 to the one-call notification center at least forty-eight hours prior to the
commencement of the excavation, excluding Saturdays, Sundays, and legal holidays of the state
,
but not more than ten business days prior to any excavation
. The board may promulgate rules
to reduce the forty-eight-hour interval for emergency or subsequent inquiries to the original
locate request and may lengthen the forty-eight-hour interval for nonexcavation requests.
Section 3. That § 49-7A-27 be amended to read as follows:
49-7A-27. The board shall accept the recommendations of the panel unless either party requests a hearing.
The
A party requests a hearing by rejecting the panel's recommendation
within twenty days from the date of service of the notice. However, the board may extend the
time period for requesting a hearing. Failure to request a hearing is considered acceptance of the
panel's recommendation. If a hearing is held, the
hearing shall be conducted before the board
49-7A-5. No excavator may begin any excavation without first notifying the one-call notification center of the proposed excavation. The excavator shall give notice by telephone
Section 3. That § 49-7A-27 be amended to read as follows:
49-7A-27. The board shall accept the recommendations of the panel unless either party requests a hearing.
as a contested case under chapter 1-26. Following the hearing, the board shall either render a decision dismissing the complaint for insufficient evidence or shall impose a penalty pursuant to the provisions of § 49-7A-18 or 49-7A-19.
