The Commission shall use the following process when it
initiates an enforcement action.
A.
Informal Disposition of Probable Violation
When an evaluation of an operator's records and facilities
indicates that the operator is apparently violating this chapter, a staff
member designated by the Commission will informally discuss the probable
violation with the operator before concluding the inspection. Any documentation
or physical evidence necessary to support a future allegation of non-compliance
may be obtained during the inspection. On-site corrective action may be taken
by the operator of the facilities where the probable violation exists, thus
correcting the violation without further action.The Commission may permit the
operator of the facilities where a probable violation exists to correct the
violation within 30 days, thus correcting the violation without further
action.
B.
Written
Formal Notice of Probable Violation
After evidence of a probable violation is collected and the
violation report written, the operator will be notified of the results of the
on-site evaluation and the provision of this chapter the operator is apparently
violating. The notice of probable violation may include a proposed
administrative penalty amount. A written response from the operator must be
filed with the Commission within 14 days of the time the operator receives the
violation notice.
C.
Response Options Open to Operator
The operator, in responding to the violation notice,
may:
1. Submit a written plan
specifying actions that the operator will take to correct the violation, a
schedule for completion of each action step, and a final date of compliance. If
the Commission accepts the corrective plan submitted by the operator and the
operator implements the corrective actions, the violation is resolved. In
addition to the submission of a written correction plan, or alternatively, the
operator may request an informal conference. Upon request for an informal
conference, a staff member designated by the Commission will establish a date,
time, and location for the conference. During the conference, staff will review
the violation report with the operator to identify corrective actions and reach
a mutually acceptable resolution of the violation and proposed administrative
penalty, if any. If this effort fails, the designated staff member may refer
the violation to the Commission for formal action. If the designated staff
member declines to refer the matter to the Commission for formal action, the
operator will be notified by letter.
D.
Commission Action
1. If the violation is referred to the
Commission for formal resolution, the Commission may take the following
actions:
a. The Commission may seek injunctive
relief in the Superior Court pursuant to
35-A M.R.S.A.
§§4515 or
4704;
b. The Commission may issue a show cause
order and schedule a hearing requiring the operator to show why the operator
should not be subject to the penalties set forth in
35-A M.R.S.A.
§§4516-A or
4705-A;
c. The Commission may, after investigation
and a formal public hearing pursuant to
35-A M.R.S.A.
§1303, order an operator to take
corrective action; or
d. The
Commission may decline to take action to resolve the alleged
violation.
2.
Consent agreements. Notwithstanding any other provision of this
rule, the Commission may at any time resolve an alleged violation with a
consent agreement.
a.
Content. A
consent agreement must be signed by the respondent, or a duly authorized
representative, and must indicate agreement with the terms therein. A consent
agreement is not required to indicate the respondent acknowledges having
committed a violation.
b.
Order. A consent agreement is effective only if approved by the
Commission through the issuance of an order.
E.
Hazardous Facility Orders
1. If the Commission finds a pipeline
facility is hazardous to life or property, the Commission may issue an order
requiring the operator to take immediate corrective action, which may include:
a. Suspended or restricted use of the
facility;
b. Physical
inspection;
c. Testing;
d. Repair;
e. Replacement; or
f. Other action.
2. The Commission shall give the operator
written notice and an opportunity for a hearing before issuance of a hazardous
facility order unless the Commission determines there is a serious and imminent
threat to life or property. If the order is issued without a prior hearing, the
operator shall be given written notice and an opportunity for a hearing as soon
after the order is issued as possible. Any such hearing shall be recorded and a
member of the Commission's legal staff shall act as hearing examiner.
3. The operator may appeal the decision of
the hearing examiner to the Commission within 5 business days following the
decision. After receipt of the notice of appeal, the Commission may investigate
pursuant to
35-A M.R.S.A.
§1303 and hold a formal public hearing
on the matter within a reasonable time. If the Commission does not issue an
order commencing an investigation within 20 days following the filing of the
appeal, the appeal is automatically denied. If the Commission denies the
appeal, the decision of the hearing examiner is deemed a final decision of the
Commission. If the Commission does hold a public hearing, it shall determine
the matter de novo and may affirm, revise or modify the decision of the hearing
examiner and substitute its own decision therefore.
