Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 69.00 - Procedures for the Determination and Enforcement of Violations of Safety Codes Pertaining to Pipeline Facilities, Transportation of Natural Gas, Liquefied Natural Gas Facilities, and Steam Distribution Facilities › Section 69.10 - Hazardous Facility Orders

Current through Register 1525, July 5, 2024
(1) Except as
		provided by 220 CMR 69.10(2), if the Department finds, after reasonable notice
		and opportunity for hearing in accord with 220 CMR 69.10(3), a particular
		pipeline facility, LNG facility, or steam distribution facility to be hazardous
		to life or property, it shall issue an order pursuant to 220 CMR 69.10
		requiring the owner or 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 action, as
		appropriate.
(2) The Department may
		waive the requirement for notice and hearing under 220 CMR 69.10(1) before
		issuing an order pursuant to 220 CMR 69.10 when the Commission or its designee
		determines that failure to do so would result in the likelihood of serious harm
		to life or property. However, the Department shall include in the order an
		opportunity for hearing as soon as practicable after issuance of an order. The
		provisions of 220 CMR 69.10(3)(a) apply to an owner or operator's decision to
		exercise such an opportunity for hearing. The purpose of such a post-order
		hearing is for the Department to determine whether the order should remain in
		effect or be rescinded or suspended in accordance with 220 CMR
		69.10(7).
(3)
Notice
		and Hearing
.
(a) Written notice
		that the Department intends to issue an order under 220 CMR 69.10(3) shall be
		served upon the owner or operator of an allegedly hazardous facility. The
		notice shall allege the existence of a hazardous facility, stating the facts
		and circumstances supporting the issuance of a hazardous facility order, and
		providing the owner or operator an opportunity for a hearing, identifying the
		time and location of the hearing.
(b) An owner or operator may exercise the
		opportunity for a hearing under 220 CMR 69.10 by notifying the Department of
		that election in writing within ten days of service of the notice provided
		under 220 CMR 69.10(3)(a), or, when applicable, under 220 CMR 69.10(2). Absence
		of such written notification waives an owner or operator's opportunity for a
		hearing and allows the Department to proceed to issue a "hazardous facility
		order" in accordance with 220 CMR 69.10(4) through (7).
(c) A hearing under 220 CMR 69.10 shall be an
		adjudicatory proceeding as defined in M.G.L. c. 30A. The owner or operator of
		the allegedly hazardous facility shall have the right to be represented by an
		attorney at this hearing.
(d) If
		the Department finds the facility to be hazardous to life or property, the
		Department shall issue an order in accordance with 220 CMR 69.10. If it does
		not find the facility to be hazardous to life or property, the Department shall
		dismiss the allegations contained in the notice, and promptly notify the owner
		or operator in writing.