California Code of Regulations
Title 19 - Public Safety
Division 1 - State Fire Marshal
Chapter 14 - Hazardous Liquid Pipeline Safety
Article 6 - Enforcement Proceedings
Section 2071.1 - Amendment of Plans or Procedures

Universal Citation: 19 CA Code of Regs 2071.1

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) The Chief of Pipeline Safety, or a designee, begins a proceeding to determine whether an operator's plans or procedures required under Title 49 Parts 195, 199, and 40, or Title 19 of the California Code of Regulations and California Government Code Sections 51010 et seq., are inadequate to assure safe operation of a pipeline facility by issuing a notice of amendment. The notice will specify the alleged inadequacies and the proposed revisions of the plans or procedures and provide an opportunity to respond. The notice will allow the operator 30 days following receipt of the notice to submit written comments or revised procedures.

(b) After considering all material presented in writing the Chief of Pipeline Safety, or a designee, determines whether the plans or procedures are inadequate. The Chief of Pipeline Safety, or a designee, issues an order directing amendment of the plans or procedures if they are inadequate, or withdraws the notice if they are not. In determining the adequacy of an operator's plans or procedures, the Chief of Pipeline Safety, or a designee, may consider:

(1) Relevant pipeline safety data;

(2) Whether the plans or procedures are appropriate for the particular type of pipeline transportation or facility, and for the location of the facility;

(3) The reasonableness of the plans or procedures; and

(4) The extent to which the plans or procedures contribute to public safety.

(c) An order directing amendment of an operator's plans or procedures prescribed in this section may be in addition to, or in conjunction with, other appropriate enforcement actions prescribed in this Article.

(d) If the respondent is contesting one or more allegations in the order directing amendment, the respondent may request a hearing under Section 2072.

1. New section filed 11-29-2022; operative 1-1-2023. Submitted to OAL for filing and printing only pursuant to Government Code section 51011 (Register 2022, No. 48).

Note: Authority cited: Sections 51010, 51011 and 51018.6, Government Code. Reference: Sections 51010, 51011, 51018.6 and 51018.8, Government Code.

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