56-555 - Commission to implement the federal Hazardous Liquid Pipeline Safety Act.
§ 56-555. Commission to implement the federal Hazardous Liquid PipelineSafety Act.
A. The Commission is authorized to act for the United States Secretary ofTransportation to implement the federal Hazardous Liquid Pipeline Safety Act,49 U.S.C. § 60101 et seq., with respect to intrastate and interstatepipelines located within the Commonwealth to the extent authorized bycertification or agreement with the Secretary under Section 205 of theHazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. § 60106). To carryout its responsibilities under this section, the Commission shall have thesame powers as given the Secretary in Sections 210 and 211 of the HazardousLiquid Pipeline Safety Act of 1979 (49 U.S.C. §§ 60108, 60117 and 60120).
B. For the purposes of intrastate pipelines, any person failing or refusingto obey Commission orders relating to the adoption or enforcement ofregulations for the design, construction, operation and maintenance ofpipeline facilities and temporary or permanent injunctions issued by theCommission shall be fined such sums not exceeding the fines and penaltiesspecified by § 208 (a) (1) of the Hazardous Liquid Pipeline Safety Act of1979 (49 U.S.C. § 60122 et seq.), as amended.
C. The Commission shall assess and collect from every hazardous liquidpipeline operator an inspection fee to be used by the Commission foradministering the regulatory program authorized by this section. For purposesof interstate pipelines, such fees shall be computed based on the number ofinspection man-days devoted to each pipeline operator to determine theoperator's compliance with any provision of, or order or agreement issuedunder, the Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. § 60101 etseq.), and shall not exceed the costs of inspection and investigation underthis section. The costs shall not include expenses reimbursed by the federalgovernment. The number of planned inspections conducted on each interstatepipeline operator shall be reasonable under the circumstances and prioritizedby risk to the public or to the environment.
D. The authority granted to the Commission under this section to conductinspections of interstate pipeline operators and facilities in theCommonwealth shall not extend to any official, employee, or agent of anypolitical subdivision in the Commonwealth. No political subdivision shallhave the authority to seek reimbursement for the cost of monitoring theinspections conducted by the Commission under this section. Nothing in thissubsection, however, shall be deemed to impair or limit the police powers ofsuch political subdivisions otherwise provided by law.
E. The authority of the Commission to act as an agent for the United StatesSecretary of Transportation with respect to interstate hazardous liquidpipelines shall become effective the first day of July next after the datethe Commission receives a formal delegation of authority from the Secretary.
(1994, c. 512.)