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; or

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

B. Determining Factors. In determining if a pipeline facility is 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 in which the pipeline is located;

(5) The population, population density, and growth patterns of the area in which the pipeline is located; or

(6) The adequacy of records demonstrating the 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 pipeline facility notice.

(2) A hazardous pipeline 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 pipeline 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 pipeline facility notice shall contain:

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

(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 operator; and

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

(2) Corrective action under §D(1)(d) of this regulation may include:

(a) Suspended or restricted use of the pipeline facility;

(b) Physical inspection;

(c) Testing;

(d) Repair;

(e) Replacement; or

(f) Other action as appropriate.