.09 Hazardous Facility Notice.

A. General. After an inspection, report, or complaint, the Division may find a particular facility to be hazardous to life or property if the Division determines that:

(1) The equipment, material, or technique used in the construction of the pipeline facility or its components poses a hazard to life or property; or

(2) The operation of the pipeline facility poses a hazard to life or property.

B. Determining Factors. In determining a facility hazardous to life or property, the Division may consider the following:

(1) The characteristics of the pipe and other equipment used in a pipeline facility, including age, manufacturer, physical properties, resistance to corrosion and deterioration, and methods of manufacture, construction, and assembly;

(2) The nature of the materials transported by the facility, including the corrosive and deteriorative qualities, and the sequence in which the materials are transported through the pipeline;

(3) The location of the pipeline facility;

(4) The climatic and geologic conditions associated with the area;

(5) The population, population density, and growth patterns of the area; or

(6) The adequacy of records demonstrating absence of a hazardous condition.

C. Notice.

(1) If the Division finds a pipeline facility to be hazardous to life or property, the chief engineer shall issue a hazardous facility notice.

(2) A hazardous facility notice shall provide an opportunity for a Commission hearing.

(3) The chief engineer may request that the Commission issue an order setting a hearing date and finalizing a hazardous facility order before a hearing under this section, if failure to do so would result in the likelihood of serious harm to life or property.

D. Content.

(1) A hazardous facility notice shall contain:

(a) A finding that the pipeline facility is hazardous to life or property;

(b) The facts on which the finding is based;

(c) The legal basis of the notice;

(d) The nature and description of the particular corrective action required of the gas company or gas master meter operator; and

(e) The date by which the required action shall be taken or completed and, when appropriate, the duration of the notice.

(2) Corrective action under §D(1)(d) of this regulation may include suspended or restricted use of the facility, physical inspection, testing, repair, replacement, or other action as appropriate.