CHAPTER 34A-18
OIL PIPELINES
34A-18-1 Definition of terms.
34A-18-2 Oil spill response plan required.
34A-18-3 Updating of oil spill response plan.
34A-18-4 Consultation with department.
34A-18-5 Time for submission of oil spill response plan.
34A-18-6 Review of oil spill response plan.
34A-18-7 Modifications to oil spill response plan to be submitted.
34A-18-8 Implementation of plan in the event of oil spill.
34A-18-9 Reports regarding spill.
34A-18-10 Repealed
34A-18-1. Definition of terms.
Terms used in this chapter mean:
(1) "Crude oil," any unrefined liquid petroleum;
(2) "Crude oil pipeline operator," any person that is transporting crude oil via a pipeline;
(3) "Department," the South Dakota Department of Agriculture and Natural Resources.
Source: SL 2008, ch 180, § 1; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.
34A-18-2. Oil spill response plan required.
Each crude oil pipeline operator which is issued a permit from the South Dakota Public Utilities Commission under the Energy Conversion and Transmission Facilities Act shall prepare an oil spill response plan. An oil spill response plan must plan for resources for responding, to the maximum extent practicable, to a worst case discharge, and to a substantial threat of such a discharge. Each response plan must include, but not be limited to:
(1) Immediate notification procedures;
(2) Spill detection and mitigation procedures;
(3) The name, address, and telephone number of the oil spill response organization, if appropriate;
(4) Response activities and response resources;
(5) Names and telephone numbers of federal, state, and local agencies which the operator expects to have pollution control responsibilities or support;
(6) Training procedures;
(7) Equipment testing;
(8) Drill types, schedules, and procedures; and
(9) Plan review and update procedures.
No oil spill response plan is effective until it is approved by the department.
Source: SL 2008, ch 180, § 2.
34A-18-3. Updating of oil spill response plan.
Each crude oil pipeline operator shall update its response plan to address new or different operating conditions or information. Each operator shall review its response plan in full at least every five years from the date of the last submission.
Source: SL 2008, ch 180, § 3.
34A-18-4. Consultation with department.
Each crude oil pipeline operator shall consult the department during the preparation of its oil spill response plan.
Source: SL 2008, ch 180, § 4.
34A-18-5. Time for submission of oil spill response plan.
Each crude oil pipeline operator shall submit its initial oil spill response plan to the department prior to putting a pipeline in operation.
Source: SL 2008, ch 180, § 5.
34A-18-6. Review of oil spill response plan.
Each crude oil pipeline operator shall review its oil spill response plan at least every five years from the date of the last submission to the department.
Source: SL 2008, ch 180, § 6.
34A-18-7. Modifications to oil spill response plan to be submitted.
Each crude oil pipeline operator shall submit any modifications to its response plan to the department within thirty days of making such a change.
Source: SL 2008, ch 180, § 7.
34A-18-8. Implementation of plan in the event of oil spill.
Each crude oil pipeline operator shall implement its oil response plan in the event of an oil spill regardless of the cause of the spill or the party responsible for the spill.
Source: SL 2008, ch 180, § 8.
34A-18-9. Reports regarding spill.
Each crude oil pipeline operator that experiences a spill shall file a written report with the department, within thirty days of discovery of the spill, if the spill:
(1) Is of five gallons or more; or
(2) Causes an explosion or fire; or
(3) Causes the injury or death of any person.
Source: SL 2008, ch 180, § 9.
