Section 15-2311. NOTICE OF PROBABLE VIOLATIONS

2311.1When an inspection of an operator’s records and facilities indicates that the operator apparently is not in compliance with a pipeline safety regulation, the investigator shall inform the operator of the probable violation. Whenever the gas corporation or small gas operator has been informed of a probable violation, it shall complete the “Outside Agency Inspection” Form, Section APP 2100-1 or a  comparable report providing similar data.  A copy of Form APP 2100-1 or that comparable report shall be submitted to the Office of Engineering no later than five (5) business days after the date of the inspection.

2311.2The Director of the Office of Engineering, may issue a Notice of Probable Violation (NOPV) upon finding good cause to believe a violation of the federal Natural Gas Pipeline Safety Act, 49 U.S.C. §§ 1671, et seq., or title 34 of the D.C. Official Code (2011 Supp.), has occurred. 

2311.3A NOPV shall include:

(a)A statement of the statute, regulation, or rule allegedly violated by a gas corporation or small gas operator;

(b)A description of the evidence indicating a possible violation;

(c)Notice of response options available to the gas corporation or small gas operator;

(d)If appropriate, the amount of the proposed civil penalty and the maximum civil penalty applicable under law; and

(e)If appropriate, a statement of the remedial action being sought in a compliance order.

2311.4The NOPV may include a proposed compliance order.

2311.5Each gas corporation and small gas operatorshall file with the Director of the Office of Engineering, the name, address, and telephone number of the person who will accept service of the report of a probable violation.

2311.6The report of a probable violation shall cite specifically the gas pipeline safety regulation(s) in apparent violation.

2311.7Service of the report of probable violation shall constitute formal notice of a probable violation.

 

authority

Unless otherwise noted, the authority for this chapter is Paragraph 21 of §8 of An Act Making appropriations to provide for the expenses of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and fourteen, and for other purposes, approved March 4, 1913 (37 Stat. 977); as amended by §2 of the Public Utilities Amendment Act of 1989, D.C. Law 8-47, D.C. Code §43-501 (1990 Repl. Vol.).

source

Final Rulemaking published at 33 DCR 6625, 6628 (October 24, 1986); as amended by Final Rulemaking published at 60 DCR 7 (January 4, 2013).