# 20:10:37:08 Probable non-compliance inspection results

**Citation:** ARSD 20:10:37:08  
**Type / status:** regulation / current  
**Agency:** South Dakota Public Utilities Commission  
**Effective:** 2009-10-19  
**Published:** Not stated

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

## Document text

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.

## Provenance

- Official: Yes
- Source: <https://sdlegislature.gov/Rules/Administrative/20%3A10%3A37%3A08>
- Source ID: `sd-legislature-arsd`
- SHA-256: `26ee4e4c52353e1a6213d17cbb38283aba6ca3e332be82782a98253a8211dddc`
- Retrieved: 2026-08-20T11:35:18.893Z
- Exported: 2026-08-24T02:21:56.228Z
- Document slug: `sd-arsd-20-10-37-08`

### Source metadata

```json
{
  "jurisdiction": "US-SD",
  "article": "20:10",
  "chapter": "20:10:37",
  "chapterTitle": "Pipeline Safety Rules",
  "sectionNumber": "20:10:37:08",
  "legalScope": "This corpus is the complete current substantive text of ARSD Chapter 20:10:37 as inventoried by the South Dakota Legislature. It is not a claim to all South Dakota pipeline law, Chapter 20:10:31 fee rules, SDCL Chapter 49-34B, Commission orders or dockets, federal law, or incorporated external material.",
  "applicabilityCaveat": "Chapter 20:10:37 applies only to pipelines within South Dakota Public Utilities Commission jurisdiction under SDCL Chapter 49-34B. Applicability depends on pipeline, operator, commodity, facility, and intrastate status; federal certification and preemption; exemptions; Commission rulings and orders; and the current law incorporated by reference. The PUC describes its safety jurisdiction as intrastate gas transmission, distribution, master-meter, propane, and LNG facilities, not every pipeline in South Dakota.",
  "incorporationCaveat": "The chapter relies on federal pipeline-safety standards adopted through SDCL Chapter 49-34B and expressly references 49 CFR Parts 191 and 192, federal reporting forms, other ARSD chapters, SDCL provisions, and Commission materials. This connector links explicit references but does not reproduce incorporated federal or third-party material or determine whether every reference is static or dynamic.",
  "statutoryUpdateCaveat": "2026 HB 1027, enacted as 2026 South Dakota Session Laws Chapter 186, amended SDCL Chapter 49-34B and updated statutory federal citations through January 1, 2026. It did not amend ARSD Chapter 20:10:37. The current administrative text is therefore preserved verbatim, including its express July 1, 2023 federal-edition references in sections 20:10:37:10, :17, :18, and :19; the statutory update is metadata, not a silent rewrite of the rules.",
  "publicationCaveat": "The South Dakota Legislature publishes the current chapter and individual section HTML through its official rules service. PublicationObservedOn is the retrieval date, not a legal effective date. Document effective dates and timeline events come only from dates expressly labeled effective in each official Source note; archived-file dates and retrieval timestamps are not treated as rule-effective dates.",
  "rights": "Official South Dakota government rule, statute, session-law, and PUC materials are retained with attribution and SHA-256 provenance. Public availability does not resolve rights in seals, site presentation, linked forms, incorporated federal material, privately authored standards, or third-party content; downstream redistribution requires separate review.",
  "rightsReviewRequired": true,
  "publicationObservedOn": "2026-08-20",
  "sourceNote": "Source: 36 SDR 57, effective October 19, 2009.",
  "generalAuthority": "General Authority: SDCL 49-34B-4, 49-34B-19.",
  "lawImplemented": "Law Implemented: SDCL 49-34B-3, 49-34B-4, 49-34B-5, 49-34B-19, 49-34B-27.",
  "supplementalNotes": [],
  "archivedPublisherVersions": [],
  "references": [
    {
      "citation": "SDCL 49-34B-4",
      "referenceType": "south-dakota-codified-law",
      "url": "https://sdlegislature.gov/Statutes/49-34B-4"
    },
    {
      "citation": "SDCL 49-34B-3",
      "referenceType": "south-dakota-codified-law",
      "url": "https://sdlegislature.gov/Statutes/49-34B-3"
    }
  ],
  "region": "SD"
}
```