Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 8 - PIPELINE SAFETY REGULATIONS › Subchapter B - REQUIREMENTS FOR ALL PIPELINES › Section 8.135 - Penalty Guidelines for Pipeline Safety Violations

Current through Reg. 49, No. 28; July 12, 2024
(a) Policy. Improved safety and environmental
				  protection are the desired outcomes of any enforcement action. Encouraging
				  operators to take appropriate voluntary corrective and future protective
				  actions once a violation has occurred is an effective component of the
				  enforcement process. Deterrence of violations through penalty assessments is
				  also a necessary and effective component of the enforcement process. A
				  rule-based enforcement penalty guideline to evaluate and rank pipeline
				  safety-related violations is consistent with the central goal of the
				  Commission's enforcement efforts to promote compliance. Penalty guidelines set
				  forth in this section will provide a framework for more uniform and equitable
				  assessment of penalties throughout the state, while also enhancing the
				  integrity of the Commission's enforcement program.
(b) Only guidelines. This section complies
				  with the requirements of Texas Natural Resources Code, §
										RSA
				  81.0531<subdiv>(d)</subdiv>, and
				  Texas Utilities Code, §
										RSA
				  121.206<subdiv>(d)</subdiv>. The
				  penalty amounts contained in the tables in this section are provided solely as
				  guidelines to be considered by the Commission in determining the amount of
				  administrative penalties for violations of provisions of Texas Natural
				  Resources Code, Title 3, relating to pipeline safety, or of rules, orders or
				  permits relating to pipeline safety adopted under those provisions, and for
				  violations of Texas Utilities Code, Chapter 121, Subchapter E, or a safety
				  standard or other rule prescribed or adopted under that subchapter.
(c) Commission authority. The establishment
				  of these penalty guidelines shall in no way limit the Commission's authority
				  and discretion to cite violations and assess administrative penalties. The
				  typical minimum penalties listed in this section are for the most common
				  violations cited; however, this is neither an exclusive nor an exhaustive list
				  of violations that the Commission may cite. The Commission retains full
				  authority and discretion to cite violations of Texas Natural Resources Code,
				  Title 3, relating to pipeline safety, or of rules, orders, or permits relating
				  to pipeline safety adopted under those provisions, and for violations of Texas
				  Utilities Code, Chapter 121, Subchapter E, or a safety standard or other rule
				  prescribed or adopted under that subchapter, and to assess administrative
				  penalties in any amount up to the statutory maximum when warranted by the facts
				  in any case, regardless of inclusion in or omission from this
				  section.
(d) Factors considered.
				  The amount of any penalty requested, recommended, or finally assessed in an
				  enforcement action will be determined on an individual case-by-case basis for
				  each violation, taking into consideration the following factors:
(1) the person's history of previous
				  violations, including the number of previous violations;
(2) the seriousness of the violation and of
				  any pollution resulting from the violation;
(3) any hazard to the health or safety of the
				  public;
(4) the degree of
				  culpability;
(5) the demonstrated
				  good faith of the person charged; and
(6) any other factor the Commission considers
				  relevant.