April is Safe Digging Month

IMPORTANT

PLEASE NOTE THE FOLLOWING NEW LAW CHANGE TO 49-7A-12. NOTIFICATION OF DAMAGE OF UNDERGROUND FACILITY, EFFECTIVE JULY 1, 2018:

49-7A-12. If any underground facility is damaged, dislocated, or disturbed in advance of or during excavation work, the excavator shall immediately notify the one-call notification center and, if known, the operator of the facility of the damage, dislocation, or disturbance. No excavator may conceal or attempt to conceal any damage, dislocation, or disturbance, nor may that excavator attempt to make any repair to the facility unless authorized by the operator of the facility. If the damage, dislocation, or disturbance results in the escape of any flammable, toxic, or corrosive gas or liquid, the excavator shall immediately report the escape to the authorities by calling the 911 emergency telephone number and notifying the one-call notification center and, if known, the operator of the facility.

Administrative Rules

Chapter 20:25 of South Dakota Administrative Rules provides definitions, membership, operator and excavator responsibilities, valid time of a locate ticket, ticket standards, non-excavation ticket types in addition to SDCL 49-7A.

Statutes

Chapter 49-7A of South Dakota Codified Law describes the One Call notification system for excavation activities.

Declaratory Rulings

December 2000 – Declaratory ruling regarding when excavation can begin following notification to South Dakota One Call.

View


October 2010 – Declaratory ruling regarding how close an underground facility can be placed on either side of a marked facility and regarding facility operator marking the outside edge of its facility to ensure excavator maintains a minimum horizontal clearance of eighteen inches from both sides of a facility.

View



Attorney General’s Opinions

South Dakota Attorney General Larry Long issued official opinion No.08-07 in August 2008 regarding responsibility to mark underground facilities as is required by SDCL 49-7A.

View

South Dakota Attorney General Marty J. Jackley issued official opinion No. 10-01 in January 2010 regarding the applicability of one-call notification requirements to railroads.

View

South Dakota Attorney General Marty J. Jackley issued an opinion on Feb. 22, 2011, regarding the use of federal grant funds by the South Dakota One Call Notification Board.

View