2011 South Dakota Code
Title 34 PUBLIC HEALTH AND SAFETY
Chapter 39. Liquefied Petroleum Gases
§34-39-3 Testing of weighing and measuring devices--Condemnation of devices or rejection for repair--Fee--Safety examination of gas plant.
34-39-3. Testing of weighing and measuring devices--Condemnation of devices or rejection for repair--Fee--Safety examination of gas plant. The Department of Public Safety may test all weighing and measuring devices used in the wholesale or retail sale of liquefied petroleum gas, either in liquid or vapor form, and shall condemn or reject for repair, any device which is found either to be inaccurate or does not clearly state the quantity of liquefied petroleum gas, either in liquid or vapor form, in pounds, gallons, cubic feet, or other unit approved by the department.
The department shall charge and collect a fee for each test. From July 1, 2007, through June 30, 2008, the fee is thirty-six dollars. From July 1, 2008, through June 30, 2009, the fee is fifty-two dollars. On July 1, 2009, and thereafter, the fee is sixty-eight dollars. Revenue from the fee shall be deposited into the state general fund.
Any inspector employed by the department may enter and examine any liquefied petroleum gas plant for safety standard purposes no more than every two years, except for any reinspection resulting from a deficiency. The department shall charge and collect a fee for each inspection. From July 1, 2007, through June 30, 2008, the fee is fifty-eight dollars. From July 1, 2008, through June 30, 2009, the fee is seventy-six dollars. On July 1, 2009, and thereafter, the fee is ninety-four dollars.
For the purposes of this section, a liquefied petroleum gas plant is a retail distribution facility with a capacity of at least eight thousand gallons. It is the intent of the Legislature that one-half of the inspection program funding may be derived from the general fund and the other half from the fees collected pursuant to this section and §§ 37-21-9.1, 37-21A-3, 37-21A-7, and 37-22-10, through the General Appropriations Act.
Source: SL 1957, ch 165, § 2; SDC Supp 1960, § 31.03A07; SL 1980, ch 267, § 3; SL 1984, ch 29, § 3; SL 1996, ch 218; SL 2003, ch 272, §§ 20, 121; SL 2006, ch 187, § 1; SL 2007, ch 224, § 3.
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