PENALTIES

2398.1Failure to comply with this chapter may result in the penalties described specified in this chapter, for failure to comply with the Commission’s rules and regulations.#

2398.2The penalties in this chapter are for violations of any regulation governing the safety of gas pipeline facilities and the transportation of gas. Each violation shall be subject to a civil penalty not to exceed one hundred thousand dollars ($100,000) or a greater maximum penalty established by federal laws and regulation at the time of the violation for each violation for each day that the violation persists. The maximum civil penalty shall not exceed one million dollars ($1,000,000) or a greater maximum penalty established by federal laws and regulations at the time of the violation for any related series of violations.#

2398.3Any person who refuses to provide natural gas safety records upon the proper request of the Commission shall be subject to the penalties set forth in D.C. Official Code § 34-705 (2010 Repl.).#

2398.4The following are the base amounts to be charged for violations of the Commission’s rules on pipeline safety: Violation 15 DCMR Amount Failure to make property and records accessible to the Commission §#

2302.4$5,000 Failure to provide public information § 2304 $20,000 Failure to implement safety requirement § 2305 $20,000 Failure to file incident reports or provide timely and accurate notice of pipeline incident § 2306 $5,000 Failure to file operation and maintenance plans and modifications thereof § 2307 $5,000 Failure to file emergency contact information § 2308 $2,000 Failure to establish and implement an emergency plan § 2308 $20,000 Failure to provide contact information §#

2308.1$2,000 Failure to keep records and make available for inspection §#

2314.1$10,000 Failure to maintain specifications for material and equipment, installations, testing and fabricating §#

2314.2$10,000 Failure to maintain plans covering operating and maintenance procedures §#

2314.3$20,000 Failure to file gas procurement report § 2315 $5,000 Failure of small gas operator to comply with Commission requirements, rules and regulations § 2320 $5,000 Failure to operate, maintain and test meters §§ 2351- 2371 $5,000 Failure to supply gas meeting standard characteristics §§ 2374- 2377 $5,000#

2398.5The following are the base amounts to be charged for intrastate violations of the United States Department of Transportation rules on pipeline safety: Violation 49 C.F.R. Amount Failure to give timely and accurate notice of pipeline incident §§ 191.5 - 191.7 $5,000 Failure to provide incident or annual reports §§ 191.9 - 191.11 $5,000 Failure to provide transmission incident or annual reports §§ 191.15 - 191.17 $5,000 Failure to report safety-related conditions on a timely basis § 191.23 $5,000 Operation of pipeline without meeting requirements of 49 C.F.R. § 192.13 § 192.13 $20,000 Operation of pipeline without meeting requirements of 49 C.F.R. § 192.14 § 192.14 $10,000 Failure to provide customer notification § 192.16 $10,000 Failure to meet minimum requirements for selection and qualification of pipeline and pipeline components §§ 192.53 - 192.59 $10,000 Failure to properly mark pipe and pipeline components § 192.63 $10,000 Failure to properly design pipe and installation of improperly designed pipe §§ 192.105 - 192.125 $10,000 Failure to properly design pipeline components and installation of improperly designed pipeline components §§ 192.141 - 192.203 $10,000 Failure to properly weld materials in pipelines §§ 192.221 - 192.245 $20,000 Failure to properly join materials in pipelines, other than by welding §§ 192.271 - 192.287 $20,000 Failure to properly construct transmission lines and mains §§ 192.303 - 192.328 $20,000 Failure to properly install customer meters, service regulators, service lines, service line valves and service line connections to mains §§ 192.351 - 192.383 $20,000 Failure to properly protect metallic pipelines from corrosion §§ 192.451 - 192.491 $20,000 Operation of pipelines without proper testing and remediation §§ 192.503 - 192.517 $20,000 Failure to meet minimum requirements for the operation of pipeline facilities §§ 192.603 - 192.631 $20,000 Failure to meet minimum requirements for maintenance of pipeline facilities §§ 192.701 - 192.755 $20,000 Failure to meet minimum requirements for operator qualification §§ 192.801 - 192.809 $20,000 Failure to meet minimum requirements for integrity management §§ 192.901 - 192.1015 $20,000 Failure to maintain and follow a written anti-drug plan consistent with the federal rules § 199.101 $20,000 Employing a person who fails or refuses a drug test § 199.103 $50,000 Failing to conduct tests for the presence of a prohibited drug § 199.105 $10,000 Failure to use certified drug testing laboratories § 199.107 $10,000 Failure to provide for medical review officers and procedures §§ 199.109 - 199.111 $5,000 Failure to provide an Employee Assistance Program § 199.113 $5,000 Failure of a contractor to allow compliance monitoring § 199.115 $5,000 Failure to keep proper records § 199.117 $5,000 Failure to establish and enforce alcohol misuse programs and plans §§ 199.202 - 199.225 $20,000 Failure to keep proper records or to report on alcohol misuse programs and testing and failure to provide access to facilities and records §§ 199.227 - 199.231 $20,000 Failure to remove a covered employee from a covered function §§ 199.233 - 199.237 $30,000 Failure to promulgate a policy on the misuse of alcohol § 199.239 $5,000 Failure to ensure supervisor training and to provide referral, evaluation and treatment §§ 199.241 - 199.243 $5,000#

2398.7The Commission shall consider the following factors in determining the amount of any civil penalty: Adjustment Criteria Effect Appropriateness of the penalty to the size of the business of the person charged 100% Increase or 50% Decrease Gravity of the violation (including environmental considerations) 200% Increase Good faith of the person charged in attempting to achieve compliance 25% Decrease#

2398.8The Commission may consider the following downward adjustment criteria in determining the amount of any civil penalty: Downward Adjustment Criteria Effect Minor Violation 50% Decrease Voluntary Disclosure 50% Decrease History of Overall Compliance 50% Decrease Inability to Pay 25% Decrease#

2398.9The Commission may consider the following upward adjustment criteria in determining the amount of any civil penalty: Upward Adjustment Criteria Effect Misrepresentation or Lack of Candor 100% Increase Ability to Pay/Relative Disincentive 100% Increase Intentional Violation 300% Increase Substantial Threat to Public Safety 500% Increase Prior Violation of Commission Requirements 100% Increase Economic Benefit 100% Increase Repeated or Continuous Violation 200% Increase Inadequate Supervision 300% Increase SOURCE: Final Rulemaking published at 33 DCR 6625, 6631 (October 24, 1986); as amended by Final Rulemaking published at 49 DCR 8223 (August 23, 2002); as amended by Final Rulemaking published at 60 DCR 7 (January 4, 2013).#