INSPECTIONS AND INVESTIGATIONS

A.Pipelines.#

(1)Staff is authorized to enter upon, inspect, and examine, at reasonable times and in a reasonable manner, those records and pipeline facilities of an owner or operator relevant to determining whether the owner or operator is in compliance with applicable laws.#

(2)Staff may conduct an inspection pursuant to:#

(a)scheduling by staff;#

(b)a written complaint received from a member of the public;#

(c)information obtained from a previous inspection;#

(d)an accident or incident; or#

(e)whenever the commission or the director deems it appropriate.#

(3)If, after an inspection, staff believes that further information is needed to determine appropriate action, staff may send a request for specific information to the owner or operator. The owner or operator shall answer the request within thirty (30) days of its receipt.#

(4)The commission may, subject to applicable laws, require testing of portions of facilities that have been involved in, or affected by, an accident. The commission shall make every effort to negotiate with the owner or operator of the facility a mutually acceptable plan for performing the testing.#

(5)When the information obtained from an inspection or from other appropriate sources indicates that further commission action is warranted, the director shall issue a notice of probable violation or notice of intent to issue a hazardous facility order, as appropriate.#

B.Excavation. A one-call notification system, underground facility operator, excavator, or project owner, as appropriate, shall, upon reasonable notice and presentation of identification, grant staff access to:#

(1)an excavation site for the purpose of previewing, observing, or examining an excavation activity;#

(2)all records pertaining to an excavation activity that are in the possession of the one-call notification system, underground facility operator, excavator, or project owner.#

History[18.60.4.8 NMAC - Rp, 18.60.2.9 NMAC, 7-17-06]#