California Code of Regulations › Title 19 - Public Safety › Division 1 - State Fire Marshal › Chapter 14 - Hazardous Liquid Pipeline Safety › Article 6 - Enforcement Proceedings › Section 2073.3 - Corrective Action Orders

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Generally. Except as provided by paragraph (b) of this section, if the State
				  Fire Marshal finds, after reasonable notice and opportunity for hearing in
				  accord with paragraph (c) of this section, a particular pipeline facility is or
				  would be hazardous to life, property, or the environment, the State Fire
				  Marshal may issue an order pursuant to this section requiring the operator of
				  the facility to take corrective action. Corrective action may include suspended
				  or restricted use of the facility, physical inspection, testing, repair,
				  replacement, or other appropriate action.
(b) Waiver of notice and expedited review.
				  The State Fire Marshal may waive the requirement for notice and opportunity for
				  hearing under paragraph (a) of this section before issuing an order whenever
				  the State Fire Marshal determines that the failure to do so would result in the
				  likelihood of serious harm to life, property, or the environment. When an order
				  is issued under this paragraph, a respondent that contests the order may obtain
				  expedited review of the order either by answering in writing to the order
				  within ten (10) days of receipt or requesting a hearing under Section
				  2072 to be held as soon as
				  practicable in accordance with paragraph (c)(2) of this section. For purposes
				  of this section, the term "expedited review" is defined as the process for
				  making a prompt determination of whether the order should remain in effect or
				  be amended or terminated. The expedited review of an order issued under this
				  paragraph will be complete upon issuance of such determination.
(c) Notice and hearing:
(1) Written notice that the State Fire
				  Marshal intends to issue an order under this section will be served upon the
				  owner or operator of an alleged hazardous facility in accordance with Section
				  2070.2. The notice must allege the
				  existence of a hazardous facility and state the facts and circumstances
				  supporting the issuance of a corrective action order. The notice must provide
				  the owner or operator with an opportunity to respond within ten (10) days of
				  receipt.
(2) An owner or operator
				  that elects to exercise its opportunity for a hearing under this section must
				  notify the State Fire Marshal of that election in writing within ten (10) days
				  of receipt of the notice provided under paragraph (c)(1) of this section, or
				  the order under paragraph (b) of this section when applicable. The absence of
				  such written notification waives an owner or operator's opportunity for a
				  hearing.
(3) At any time after
				  issuance of a notice or order under this section, the respondent may request a
				  copy of the case file as set forth in Section
				  2073.1.
(4) A hearing under this section is conducted
				  pursuant to Section
				  2072. The hearing should be held
				  within 15 days of receipt of the respondent's request for a hearing.
(5) After conclusion of a hearing under this
				  section, the Presiding Official submits a recommended decision to the State
				  Fire Marshal as to whether or not the facility is or would be hazardous to
				  life, property, or the environment, and if necessary, requiring expeditious
				  corrective action. If a notice or order is contested in writing without a
				  hearing, an attorney from the Office of Chief Counsel prepares the recommended
				  decision. The recommended decision should be submitted to the State Fire
				  Marshal within five (5) business days after conclusion of the hearing or after
				  receipt of the respondent's written objection if no hearing is held. Upon
				  receipt of the recommendation, the State Fire Marshal will proceed in
				  accordance with paragraphs (d) through (h) of this section. If the State Fire
				  Marshal finds the facility is or would be hazardous to life, property, or the
				  environment, the State Fire Marshal issues a corrective action order in
				  accordance with this section, or confirms (or amends) the corrective action
				  order issued under paragraph (b) of this section. If the State Fire Marshal
				  does not find the facility is or would be hazardous to life, property, or the
				  environment, the State Fire Marshal withdraws the notice or terminates the
				  order issued under paragraph (b) of this section, and promptly notifies the
				  operator in writing by service as prescribed in Section
				  2070.2.