Code of Maine Rules › 65 - DEPARTMENT OF PUBLIC UTILITIES COMMISSION › 407 - PUBLIC UTILITIES COMMISSION › Chapter 420 - SAFETY STANDARDS FOR NATURAL GAS AND LIQUEFIED NATURAL GAS FACILITY OPERATORS › Section 407-420-8 - Enforcement procedures

Current through 2024-29, July 17, 2024
A.
Gas Safety
				Staff Actions
The Gas Safety Staff may, in their discretion and as
				  appropriate, undertake any of the following actions.
1.
Reinforcement Reminder
The Gas Safety Staff may provide a reinforcement reminder to
				  an operator to reinforcing the operator's knowledge of a specific requirement,
				  previously agreed upon action, an upcoming deadline, or compliance issue. A
				  reinforcement reminder may be oral or written, and an operator may, but need
				  not, respond orally or in writing. Written reminders, and responses to those
				  reminders, may be submitted via email.
2.
Request for Information
The Gas Safety Staff may make a written request for
				  information related to the construction, operation, or maintenance of an
				  operator's system and facilities. The operator must respond to the request
				  within 14 calendar days or such other time as specified by the Gas Safety Staff
				  in the request. Written requests for information, and responses to those
				  requests, may be submitted via email.
3.
Field Corrective Action
When an evaluation or inspection of an operator's records or
				  facilities indicates that the operator is apparently violating this Chapter,
				  the member of the Gas Safety Staff conducting the evaluation or inspection will
				  informally discuss the probable violation with the operator before concluding
				  the evaluation or inspection. Any documentation or physical evidence necessary
				  to support a future allegation of non-compliance may be obtained by the Gas
				  Safety Staff during the inspection. At the discretion of the Gas Safety Staff,
				  on-site corrective action may be taken by the operator of the facilities where
				  the probable violation exists, thus correcting the violation without further
				  action.
4.
Warning
				Letter
Upon determining that an operator may have committed a
				  violation of this Chapter, the Gas Safety Staff may issue a written warning
				  notifying the operator of the probable violation and advising the operator to
				  correct the probable violation or be subject to future enforcement action. In
				  its warning letter, the Gas Safety Staff may describe recommended measures the
				  operator may take to ameliorate the violation or prevent future violations. The
				  warning letter may also include the maximum penalty to which the operator could
				  be subject for the probable violation. The operator, in its discretion, may
				  submit a response to a warning letter if one is not otherwise requested.
5.
Notice of Probable
				Violation (NOPV)
Upon determining that a probable violation of this Chapter
				  has occurred, the Gas Safety Staff may issue an NOPV. The NOPV may also include
				  a proposed administrative penalty amount and describe the maximum penalty
				  amount to which the operator could be subject for the described violations. A
				  written response from the operator must be filed with the MPUC within 10 days
				  of the time the operator receives the violation notice.