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.#