Section 15-2398. PENALTIES

2398.1Failure to comply with this chapter may result in the penalties described specified in this chapter, for failure to comply with the Commission’s rules and regulations.

2398.2The penalties in this chapter are for violations of any regulation governing the safety of gas pipeline facilities and the transportation of gas.  Each violation shall be subject to a civil penalty not to exceed one hundred thousand dollars ($100,000) or a greater maximum penalty established by federal laws and regulation at the time of the violation for each violation for each day that the violation persists. The maximum civil penalty shall not exceed one million dollars ($1,000,000) or a greater maximum penalty established by federal laws and regulations at the time of the violation for any related series of violations. 

 

2398.3Any person who refuses to provide natural gas safety records upon the proper request of the Commission shall be subject to the penalties set forth in D.C. Official Code § 34-705 (2010 Repl.).

2398.4The following are the base amounts to be charged for violations of the Commission’s rules on pipeline safety:

 

Violation	15 DCMR	Amount
Failure to make property and records accessible to the Commission	§ 2302.4	$5,000
Failure to provide public information	§ 2304	$20,000
Failure to implement safety requirement	§ 2305	$20,000
Failure to file incident reports or provide timely and accurate notice of pipeline incident	§ 2306	$5,000
Failure to file operation and maintenance plans and modifications thereof	§ 2307	$5,000
Failure to file emergency contact information	§ 2308	$2,000
Failure to establish and implement an emergency plan	§ 2308	$20,000
Failure to provide contact information	§ 2308.1	$2,000
Failure to keep records and make available for inspection	§ 2314.1	$10,000
Failure to maintain specifications for material and equipment, installations, testing and fabricating	§ 2314.2	$10,000
Failure to maintain plans covering operating and maintenance procedures	§ 2314.3	$20,000
Failure to file gas procurement report	§ 2315	$5,000
Failure of small gas operator to comply with Commission requirements, rules and regulations	§ 2320	$5,000
Failure to operate, maintain  and test meters	§§ 2351- 2371	$5,000
Failure to supply gas meeting standard characteristics	§§ 2374- 2377	$5,000

 

2398.5 The following are the base amounts to be charged for intrastate violations of the United States Department of Transportation rules on pipeline safety:

Violation	49 C.F.R.	Amount
Failure to give timely and accurate notice of pipeline incident	§§ 191.5 - 191.7	$5,000
Failure to provide incident or annual reports	§§ 191.9 - 191.11	$5,000
Failure to provide transmission incident or annual reports	§§ 191.15 - 191.17	$5,000
Failure to report safety-related conditions on a timely basis	§ 191.23	$5,000
Operation of pipeline without meeting requirements of 49 C.F.R. § 192.13	§ 192.13	$20,000
Operation of pipeline without meeting requirements of 49 C.F.R. § 192.14	§ 192.14	$10,000
Failure to provide customer notification	§ 192.16	$10,000
Failure to meet minimum requirements for selection and qualification of pipeline and pipeline components	§§ 192.53 - 192.59	$10,000
Failure to properly mark pipe and pipeline components	§ 192.63	$10,000
Failure to properly design pipe and installation of improperly designed pipe	§§ 192.105 - 192.125	$10,000
Failure to properly design pipeline components and installation of improperly designed pipeline components	§§ 192.141 - 192.203	$10,000
Failure to properly weld materials in pipelines	§§ 192.221 - 192.245	$20,000
Failure to properly join materials in pipelines, other than by welding	§§ 192.271 - 192.287	$20,000
Failure to properly construct transmission lines and mains	§§ 192.303 - 192.328	$20,000
Failure to properly install customer meters, service regulators, service lines, service line valves and service line connections to mains	§§ 192.351 -192.383	$20,000
Failure to properly protect metallic pipelines from corrosion	§§ 192.451 -  192.491	$20,000
Operation of pipelines without proper testing and remediation	§§ 192.503 - 192.517	$20,000
Failure to meet minimum requirements for the operation of pipeline facilities	§§ 192.603 - 192.631	$20,000
Failure to meet minimum requirements for maintenance of pipeline facilities	§§ 192.701 - 192.755	$20,000
Failure to meet minimum requirements for operator qualification	§§ 192.801 -192.809	$20,000
Failure to meet minimum requirements for integrity management	§§ 192.901 - 192.1015	$20,000
Failure to  maintain and follow a written anti-drug plan consistent with the federal rules	§ 199.101	$20,000
Employing a person who fails or refuses a drug test	§ 199.103	$50,000
Failing to conduct tests for the presence of a prohibited drug	§ 199.105	$10,000
Failure to use certified drug testing laboratories	§ 199.107	$10,000
Failure to provide for medical review officers and procedures	§§ 199.109 - 199.111	$5,000
Failure to provide an Employee Assistance Program	§ 199.113	$5,000
Failure of a contractor to allow compliance monitoring	§ 199.115	$5,000
Failure to keep proper records	§ 199.117	$5,000
Failure to establish and enforce alcohol misuse programs and plans	§§ 199.202 - 199.225	$20,000
Failure to keep proper records or to report on alcohol misuse programs and testing and failure to provide access to facilities and records	§§ 199.227 - 199.231	$20,000
Failure to remove a covered employee from a covered function	§§ 199.233 -199.237	$30,000
Failure to promulgate a policy on the misuse of alcohol	§ 199.239	$5,000
Failure to ensure supervisor training and to provide referral, evaluation and treatment	§§ 199.241 -199.243	$5,000

 

2398.7The Commission shall consider the following factors in determining the amount of any civil penalty:

Adjustment Criteria	Effect
Appropriateness of the penalty to the size of the business of the person charged	100% Increase or 50% Decrease
Gravity of the violation (including environmental considerations)	200% Increase
Good faith of the person charged in attempting to achieve compliance	25% Decrease

 

 

  2398.8 The Commission may consider the following downward adjustment    criteria in determining the amount of any civil penalty:  

Downward Adjustment Criteria	Effect
Minor Violation	50% Decrease
Voluntary Disclosure	50% Decrease
History of Overall Compliance	50% Decrease
Inability to Pay	25% Decrease

 

2398.9The Commission may consider the following upward adjustment criteria in determining the amount of any civil penalty:

 

Upward Adjustment Criteria	Effect
Misrepresentation or Lack of Candor	100% Increase
Ability to Pay/Relative Disincentive	100% Increase
Intentional Violation	300% Increase
Substantial Threat to Public Safety	500% Increase
Prior Violation of Commission Requirements	100% Increase
Economic Benefit	100% Increase
Repeated or Continuous Violation	200% Increase
Inadequate Supervision	300% Increase

 

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, 6631 (October 24, 1986); as amended by Final Rulemaking published at 49 DCR 8223 (August 23, 2002); as amended by Final Rulemaking published at 60 DCR 7 (January 4, 2013).