Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part IX - Liquefied Petroleum Gas › Chapter 15 - Sale, Storage, Transportation and Handling of Anhydrous Ammonia › Subchapter B - Dealers › Section IX-1531 - Improper Installation

Current through Register Vol. 50, No. 6, June 20, 2024
A. A dealer
				  shall not serve any anhydrous ammonia system which the dealer knows is not
				  installed pursuant to the commission regulations or is in a dangerous
				  condition. All new installations or reinstallations shall be checked by the
				  dealer for tightness of lines, poor workmanship, use of unapproved pipe or
				  equipment or use of poor piping design. All improper installations shall be
				  corrected before the dealer services such installation or reinstallation with
				  anhydrous ammonia for the first time. Any subsequent servicing dealer shall not
				  be responsible for unauthorized changes in or failures of an existing system or
				  connected equipment.
1. Anyone violating this
				  Section shall also be liable for all damages resulting from an accident or
				  explosion involving that shipment. The liability imposed by this Section shall
				  not be delegated by contract or practice to any transporter or subcontractor
				  responsible for the transportation of anhydrous ammonia.
2. A permit may be suspended or revoked by
				  the commission whenever the commission has assessed two or more penalties
				  against a dealer for willful violation of or failure to comply with such rules
				  and regulations provided the second or succeeding penalty or penalties have
				  been imposed for violations of or failure to comply with the regulations of the
				  commission committed after the imposition of the first penalty or forfeiture,
				  reserving to the dealer the right to resort to the courts for reinstatement of
				  the permit suspended or revoked. The commission may suspend or revoke the
				  permit of any person who violates the provisions of R.S. 3:1355 or who fails to
				  pay any civil penalty imposed by the commission under the provisions of R.S.
				  3:1357 within 30 days after the assessment becomes final. Any dealer who
				  continues to operate after such permit is revoked or during the period of such
				  suspension shall be liable to prosecution under the provisions hereof in the
				  same manner as if no such permit had ever been issued. A permit may be revoked
				  or suspended only by a ruling of the commission based on adjudicatory hearing
				  held in accordance with the Administrative Procedure Act. The commission may
				  institute civil proceedings to enforce its rulings in the district court for
				  the parish in which the commission is domiciled or in the district court for
				  the parish in which the violation occurred.
3. No dealer shall service an anhydrous
				  ammonia system, tank or another dealer after having received notification by
				  the commission that the system, tank or dealer is not in compliance with these
				  rules and regulations. An AD letter posted on the commission's public website
				  which states that a system, tank or dealer is not in compliance shall
				  constitute notification.