CHAPTER 22.5. GAS PIPELINE SAFETY
IC 8-1-22.5
Chapter 22.5. Gas Pipeline Safety
IC 8-1-22.5-1
Definitions
Sec. 1. As used in this chapter, unless otherwise provided:
(a) The term "gas" means natural gas, flammable gas, or gaswhich is toxic or corrosive.
(b) The term "transportation" means:
(1) the gathering, transmission, or distribution of gas, hazardousliquids, or carbon dioxide fluid by pipeline; or
(2) the storage of gas, hazardous liquids, or carbon dioxidefluids.
The term does not include the gathering of gas in those rurallocations which lie outside the limits of any incorporated orunincorporated city, town, village, or any other designated residentialor commercial area such as a subdivision, a business or shoppingcenter, a community development, or any similar populated areawhich the commission may define as a nonrural area.
(c) The term "pipeline" means all parts of those physical facilitiesthrough which gas, hazardous liquids, or carbon dioxide fluid movesin transportation, including pipe, valves, and other appurtenancesattached to pipe, compressor units, metering stations, regulatorstations, delivery stations, holders, and fabricated assemblies, butexcluding motor vehicles of all kinds and pipelines serving not lessthan ten (10) customers with petroleum gas from a common source.
(d) The term "pipeline facilities" means and includes, withoutlimitation, new and existing pipelines, rights-of-way and anyequipment, facility, or building used in:
(1) transportation; or
(2) the treatment of gas, hazardous liquids, or carbon dioxidefluid during the course of transportation.
The term excludes motor vehicles of all kinds and pipelines servingnot less than ten (10) customers with petroleum gas from a commonsource.
(e) The term "person" means any individual, firm, joint venture,partnership, corporation, limited liability company, association,municipality, cooperative association, or joint stock association, andincludes any trustee, receiver, assignee, or personal representativethereof.
(f) The term "municipality" means a city, county, or any politicalsubdivision of the state.
(g) The term "division" means the pipeline safety division to beestablished under this chapter.
(h) The term "maximum allowable operating pressure" means themaximum pressure at which a pipeline or a segment of a pipelinemay be operated.
(i) The term "hazardous liquid" means petroleum, petroleumproducts, or anhydrous ammonia.
(j) The term "carbon dioxide fluid" means a fluid consisting of
more than ninety percent (90%) carbon dioxide moleculescompressed to a supercritical state.
(Formerly: Acts 1971, P.L.84, SEC.1.) As amended by P.L.23-1988,SEC.58; P.L.8-1993, SEC.128; P.L.118-2006, SEC.1.
IC 8-1-22.5-2
Establishment of pipeline safety division of Indiana utilityregulatory commission; subjects regulated
Sec. 2. There is hereby established within the Commission aPipeline Safety Division. The Division shall be charged with theregulation of:
(1) transportation; and
(2) related pipeline facilities and their operations;
in order to promote the public safety.
(Formerly: Acts 1971, P.L.84, SEC.1.) As amended by P.L.118-2006,SEC.2.
IC 8-1-22.5-3
Directors; personnel
Sec. 3. The Division shall be administered by a Director who shallbe employed by, and shall be responsible to, the Commission and,who shall meet the job and personnel requirements of the StateDepartment of Administration. The Director shall, with the approvalof the Commission, employ a staff of competent full-time employeeswith professional and technical qualifications and ability. TheDirector, with approval of the Commission, may engage the servicesof qualified consultants as he deems appropriate.
(Formerly: Acts 1971, P.L.84, SEC.1.)
IC 8-1-22.5-4
Powers and duties
Sec. 4. The division, acting through the commission, shall:
(1) Administer and require compliance with federal safetystandards applicable to transportation and related pipelinefacilities established under the Natural Gas Pipeline Safety Actof 1968 and the Hazardous Liquid Pipeline Safety Act of 1979(49 U.S.C. 60101 et seq.), and otherwise administer this chapterin such manner as may be required in order to maintain andcontinue in effect certification of the commission under 49U.S.C. 60105.
(2) Establish, by rules and regulations of the commission,minimum state safety standards for transportation and relatedpipeline facilities. Such standards shall not be less stringentthan the federal safety standards established under 49 U.S.C.60101 et seq. and shall apply to the design, installation,inspection (including the taking possession of pipe and pipelinecomponents), testing, construction, extension, operation,replacement, and maintenance of such pipeline facilities. Suchnew standards affecting the design, installation, construction,initial inspection, and initial testing shall not be applicable to
pipeline facilities in existence prior to the date such standardsare established. In establishing such standards, the followingshall be considered:
(A) relevant available pipeline safety data;
(B) whether such standards are appropriate for the particulartype of pipeline transportation;
(C) the reasonableness of any proposed standards;
(D) the extent to which such standards will contribute topublic safety; and
(E) federal safety standards established under 49 U.S.C.60101 et seq.
(3) Whenever a particular pipeline facility is found to behazardous to human life or property, require, through theissuance of a hazardous condition order, the person who owns,operates, or leases such pipeline facility to take such actionnecessary to remove such hazards. Except in cases whereimmediate or extreme emergency is found to exist, such ordershall not be issued until such person is afforded an opportunityto present the person's views and any facts bearing on thesituation. In any event, unless such order is issued after noticeand hearing, the person to whom such order is directed shall beentitled to prompt notice and hearing on the question as towhether such order shall be continued in effect.
(4) Review all incidents reported within the state involvingaccidents resulting in personal injury requiring hospitalization,death, or property damage in excess of fifty thousand dollars($50,000), when the same is accompanied by an explosion,misapplication, and/or escapement of gas, hazardous liquid, orcarbon dioxide fluid. Copies of any official report of thedivision shall be available for distribution to all interestedpersons, for the purpose of promoting pipeline safety.
(5) Keep itself informed as to research and developmentregarding pipeline safety.
(Formerly: Acts 1971, P.L.84, SEC.1.) As amended by P.L.59-1984,SEC.88; P.L.118-2006, SEC.3.
IC 8-1-22.5-5
Waiver of standards
Sec. 5. Upon application by any person who engages intransportation or who owns, operates, or leases pipeline facilities, thecommission may, after notice and opportunity for public hearing, andunder such terms and conditions and to such extent as thecommission deems appropriate, issue an order waiving in whole orin part compliance with any standard or standards established underthis chapter, if the commission determines that such waiver ofcompliance with such standard or standards is not inconsistent withpipeline safety. The commission shall state in such order its reasonsfor any such waiver and shall otherwise comply with the provisionsof 49 U.S.C. 60101 et seq. with regard to such waiver.
(Formerly: Acts 1971, P.L.84, SEC.1.) As amended by P.L.118-2006,
SEC.4.
IC 8-1-22.5-6
Inspection of facilities; plans for inspection and maintenance;records; entry upon property
Sec. 6. Any person who engages in transportation or who owns,operates, or leases pipeline facilities shall:
(a) Comply with this chapter and all safety standardsestablished pursuant to this chapter.
(b) Inspect such pipeline facilities and report the findings to thedivision as prescribed by standards established pursuant to thischapter.
(c) File with the division a plan for operation and maintenanceof such pipeline facilities owned, operated, or leased by suchperson, and any change in such plan, as prescribed by rulesestablished pursuant to this chapter. Such plan shall be subjectto approval by the division, and if at any time such plan isdetermined by the division to be inadequate to achieve safeoperation, upon recommendation by the director, thecommission shall, after notice and opportunity for publichearing, order the plan revised. Any plan required under thischapter shall be practicable and designed to meet the need forpipeline safety.
(d) Establish and maintain such records, make such reports, andprovide such information as the division, acting through thecommission, may reasonably require to enable it to determinewhether such person has acted or is acting in compliance withthis chapter and the standards established under this chapter.
Each person upon request of an authorized representative of thedivision shall permit such representative access and entry for thepurpose of inspection of such pipeline facilities, and inspection ofbooks, papers, records, and documents (including the right to copythe same) as is reasonably necessary in order to determine whethersuch person has acted or is acting in compliance with this chapterand the standards established pursuant to this chapter.
(Formerly: Acts 1971, P.L.84, SEC.1.) As amended by P.L.59-1984,SEC.89; P.L.118-2006, SEC.5.
IC 8-1-22.5-6.1
Exception of report from disclosure
Sec. 6.1. (a) If the commission or division determines that a reportor part of a report filed under this chapter is confidential underIC 5-14-3-4(a), the report or part of the report shall be excepted fromdisclosure under IC 5-14-3-3 as provided in IC 5-14-3-4(a).
(b) If the commission or division determines underIC 5-14-3-4(b)(19) that the disclosure of a report or part of a reportfiled under this chapter has a reasonable likelihood of threateningpublic safety by exposing a vulnerability to terrorist attack, thecommission or division may except the report or part of the reportfrom disclosure under IC 5-14-3-3 as provided in IC 5-14-3-4(b).As added by P.L.118-2006, SEC.6.
IC 8-1-22.5-7
Civil penalties, hearings, and assessments
Sec. 7. (a) A person who is engaged in transportation or owns,operates, or leases pipeline facilities who violates any provision ofthis chapter or any regulations issued pursuant to this chapter, issubject to a civil penalty not to exceed twenty-five thousand dollars($25,000) for each violation for each day that the violation persists.However, the maximum civil penalty may not exceed one milliondollars ($1,000,000) for any related series of violations.
(b) The commission may, after notice and opportunity for publichearing, impose a civil penalty not to exceed the amount specified insubsection (a) against a person who violates this chapter or any rulesissued pursuant to this chapter, and may compromise and collect thepenalties which are payable to the state as otherwise provided bylaw. However, a penalty may not be assessed or collected for anyviolation for which the person has been found liable under 49 U.S.C.60101 et seq.
(Formerly: Acts 1971, P.L.84, SEC.1.) As amended by P.L.69-1990,SEC.1; P.L.118-2006, SEC.7.
IC 8-1-22.5-8
Appeals, commission decision, ruling, or order
Sec. 8. Any person adversely affected by any final decision,ruling, or order of the commission pursuant to this chapter mayappeal such decision, ruling, or order. Any such appeal shall be takenin the manner provided for appeals from any final decision, ruling,or order of the commission as provided in IC 8-1-3.
(Formerly: Acts 1971, P.L.84, SEC.1.) As amended by P.L.59-1984,SEC.90.
IC 8-1-22.5-9
Rules; procedure for adoption
Sec. 9. All rules, including any safety standards, adopted by thecommission under this chapter shall be adopted in accordance withthe provisions of IC 4-22-2.
(Formerly: Acts 1971, P.L.84, SEC.1.) As amended by P.L.59-1984,SEC.91.
IC 8-1-22.5-10
Notices and hearings
Sec. 10. Whenever in this chapter it is provided that theCommission shall take any action or issue any order "upon noticeand after opportunity for public hearing" such notice shall be givenas provided in IC 1971, 8-1-1-8 and such hearing shall be held andconducted in the manner as prescribed by IC 1971, 8-1-2-54 through8-1-2-72.
(Formerly: Acts 1971, P.L.84, SEC.1.)
IC 8-1-22.5-11
Tort liability
Sec. 11. Nothing in this chapter shall affect the common law orstatutory tort liability of any person.
(Formerly: Acts 1971, P.L.84, SEC.1.)
IC 8-1-22.5-12
Action for violations
Sec. 12. The court of appeals or such other court as may beempowered by law (or by rules of the supreme court) has jurisdictionto enjoin preliminarily or permanently any violation of this chapter,or any standards established pursuant to this chapter, determined bya final order issued by the commission, after notice and opportunityfor public hearing as provided in this chapter. Such action may bebrought by the attorney general in the name of the state uponcertification by the commission of the complete record of suchproceedings.
(Formerly: Acts 1971, P.L.84, SEC.1.) As amended by P.L.3-1989,SEC.58.