§ 2073.3. Corrective Action Orders.
19 CA ADC § 2073.3Barclays Official California Code of RegulationsEffective: January 1, 2023
Effective: January 1, 2023
19 CCR § 2073.3
§ 2073.3. Corrective Action Orders.
(a) Generally. Except as provided by paragraph (b) of this section, if the State Fire Marshal finds, after reasonable notice and opportunity for hearing in accord with paragraph (c) of this section, a particular pipeline facility is or would be hazardous to life, property, or the environment, the State Fire Marshal may issue an order pursuant to this section requiring the 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 appropriate action.
(b) Waiver of notice and expedited review. The State Fire Marshal may waive the requirement for notice and opportunity for hearing under paragraph (a) of this section before issuing an order whenever the State Fire Marshal determines that the failure to do so would result in the likelihood of serious harm to life, property, or the environment. When an order is issued under this paragraph, a respondent that contests the order may obtain expedited review of the order either by answering in writing to the order within ten (10) days of receipt or requesting a hearing under Section 2072 to be held as soon as practicable in accordance with paragraph (c)(2) of this section. For purposes of this section, the term “expedited review” is defined as the process for making a prompt determination of whether the order should remain in effect or be amended or terminated. The expedited review of an order issued under this paragraph will be complete upon issuance of such determination.
(1) Written notice that the State Fire Marshal intends to issue an order under this section will be served upon the owner or operator of an alleged hazardous facility in accordance with Section 2070.2. The notice must allege the existence of a hazardous facility and state the facts and circumstances supporting the issuance of a corrective action order. The notice must provide the owner or operator with an opportunity to respond within ten (10) days of receipt.
(2) An owner or operator that elects to exercise its opportunity for a hearing under this section must notify the State Fire Marshal of that election in writing within ten (10) days of receipt of the notice provided under paragraph (c)(1) of this section, or the order under paragraph (b) of this section when applicable. The absence of such written notification waives an owner or operator's opportunity for a hearing.
(5) After conclusion of a hearing under this section, the Presiding Official submits a recommended decision to the State Fire Marshal as to whether or not the facility is or would be hazardous to life, property, or the environment, and if necessary, requiring expeditious corrective action. If a notice or order is contested in writing without a hearing, an attorney from the Office of Chief Counsel prepares the recommended decision. The recommended decision should be submitted to the State Fire Marshal within five (5) business days after conclusion of the hearing or after receipt of the respondent's written objection if no hearing is held. Upon receipt of the recommendation, the State Fire Marshal will proceed in accordance with paragraphs (d) through (h) of this section. If the State Fire Marshal finds the facility is or would be hazardous to life, property, or the environment, the State Fire Marshal issues a corrective action order in accordance with this section, or confirms (or amends) the corrective action order issued under paragraph (b) of this section. If the State Fire Marshal does not find the facility is or would be hazardous to life, property, or the environment, the State Fire Marshal withdraws the notice or terminates the order issued under paragraph (b) of this section, and promptly notifies the operator in writing by service as prescribed in Section 2070.2.
(2) If the pipeline facility or a component thereof has been constructed or operated with any equipment, material, or technique which the State Fire Marshal determines is hazardous to life, property, or the environment, unless the operator involved demonstrates to the satisfaction of the State Fire Marshal that, under the particular facts and circumstances involved, such equipment, material, or technique is not hazardous.
Credits
Note: Authority cited: Sections 51010, 51011 and 51018.6, Government Code. Reference: Sections 51010, 51011, 51018.6 and 51018.8, Government Code.
History
1. New section filed 11-29-2022; operative 1-1-2023. Submitted to OAL for filing and printing only pursuant to Government Code section 51011 (Register 2022, No. 48).
This database is current through 5/17/24 Register 2024, No. 20.
Cal. Admin. Code tit. 19, § 2073.3, 19 CA ADC § 2073.3
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