20:10:37:08.  Probable non-compliance inspection results. The inspector shall categorize potential noncompliance in one of the following three categories to be specified in the inspection report:

          (1)  A notice of probable violation may be issued if the inspector has good cause to believe a serious or repeat violation of applicable pipeline safety standards has occurred. The written notice of violation shall include a statement of the statute, rule, or regulation allegedly violated by the pipeline operator and a description of the factual basis on which the allegation is based. If a civil penalty is proposed, the report shall state the amount of the proposed civil penalty. A warning in subdivision (2) may be elevated to a notice of probable violation by the pipeline safety program manager if warning items are not remedied in a timely fashion;

          (2)  A warning may be issued for a probable violation of a less serious nature or a first time violation. The warning may include specific corrective actions that must be taken to correct the situation and the time frame within which such actions shall be completed; and

          (3)  A notice of concern may be used to inform the pipeline operator where best industry practices are not being followed but no direct code violation exists. The notice of concern designation shall be used for informational purposes only to aid the pipeline operator in managing as safe and effective pipeline as possible. No pipeline operator action is required.

          Source: 36 SDR 57, effective October 19, 2009.

          General Authority: SDCL 49-34B-4, 49-34B-19.

          Law Implemented: SDCL 49-34B-3, 49-34B-4, 49-34B-5, 49-34B-19, 49-34B-27.