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20.58.02.00.htm 20.58.02.00. Title 20 PUBLIC SERVICE COMMISSION Subtitle 58 SAFETY STANDARDS FOR HAZARDOUS LIQUID PIPELINES Chapter 02 Enforcement and Penalties Authority: Public Utilities Article, §11-201―11-206, Annotated Code of Maryland
20.58.02.01.htm 20.58.02.01. 01 Inspections.. The Engineering Division may conduct periodic inspections of records and property in the possession, custody, or control of a hazardous liquid pipeline operator to determine compliance with the federal Hazardous Liquid Pipeline Safety Act, 49 U.S.C. Chapter 601 or Public Utilities Article, Annotated Code of Maryland.
20.58.02.02.htm 20.58.02.02. 02 Inspection Follow-Up ― Specific Information Request.. A. After a complaint, report, or inspection, the Engineering Division may send an operator a specific information request.B. An operator shall respond to the Engineering Division within 5 working days after receipt of a specific information request relating to an accident reportable under 49 CFR §195.50.C. Except as provided under §B of this regulation, an operator shall respond within 30 days after receipt of a specific infor
20.58.02.03.htm 20.58.02.03. 03 Reportable Accident Investigation.. A. After an accident reportable under 49 CFR 195, a representative of the Commission may:. 1) Interview personnel;. 2) Examine equipment or pipe;. 3) Request issuance of a subpoena for production of equipment or pipe relating to the incident for independent preservation;4) Examine related documents;. 5) Order independent laboratory tests of equipment or pipe; or. 6) Take other investigative measures as needed to complete a comprehensive
20.58.02.04.htm 20.58.02.04. 04 Reportable Accident Testing.. A. Testing.. 1) After a reportable accident, an operator shall test all piping directly associated with the accident or which may have contributed to the accident, unless evidence clearly indicates the cause and origin of the accident.2) As early as possible, an operator shall properly tag and secure for examination or testing all pipeline components which may have contributed to the accident.3) If appropriate, the Commission or the operator
20.58.02.05.htm 20.58.02.05. 05 Notice of Probable Violation (NOPV). A. General.. 1) The Division may issue to an operator an NOPV upon finding good cause to believe a violation of the federal pipeline safety laws under 49 U.S.C. Chapter 601 or Public Utilities Article, §11-201―11-206, Annotated Code of Maryland, has occurred.2) An NOPV may contain a proposed compliance order.. 3) An operator shall respond to the Division in writing within 30 days after receipt of an NOPV.. 4) The Commission may wai
20.58.02.06.htm 20.58.02.06. 06 Review by the Chief Engineer.. If an operator objects to the proposed compliance order or civil penalty and submits a written explanation, information, or other material in response to an NOPV, the chief engineer shall review the submission and determine whether to:A. Negotiate further, modify, or withdraw the NOPV; or. B. File a complaint under Public Utilities Article, §3-102, Annotated Code of Maryland..
20.58.02.07.htm 20.58.02.07. 07 Consent Order.. A. Before the issuance of a compliance order, the Division may execute a consent order jointly with an operator.B. An executed consent order shall contain:. 1) An admission by an operator of all jurisdictional facts; and. 2) A description of any actions required by an operator and the time by which the actions shall be accomplished.
20.58.02.08.htm 20.58.02.08. 08 Civil Penalties.. A. Procedure. After an investigation and a determination by the Division that there is good cause to believe an operator violated a minimum pipeline safety requirement, the Commission may assess or negotiate a civil penalty under Public Utilities Article, §11-206, Annotated Code of Maryland.B. Penalty Considerations. In proposing a civil penalty, the Division shall consider the criteria in Public Utilities Article, §11-206, Annotated Code of Maryland.
20.58.02.09.htm 20.58.02.09. 09 Hazardous Facility Notice.. A. General. After an inspection, report, or complaint, the Division may find a particular pipeline facility to be hazardous to life, property, or the environment if:1) The equipment, material, or technique used in the construction of the pipeline facility or its components poses a hazard to life, property, or the environment; or2) The operation of the pipeline facility poses a hazard to life, property, or the environment.. B. Determining Factors. I
20.58.02.9999.htm 20.58.02.9999. Administrative History Effective date: January 20, 2003 (30:1 Md. R. 29).
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