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[Utah Code Table of Contents]
[TITLE 54. Table of Contents]
54-13-1 Definitions.
As used in this chapter, "intrastate pipeline transportation"
and "pipeline facilities" have the definitions set forth
in the Natural Gas Pipeline Safety Act of 1968, 49 U.S.C.
Section 60101.
2001
54-13-2 Commission's responsibilities.
The commission is responsible for establishing safety
standards and practices for intrastate pipeline transportation
and shall make and enforce rules required by the federal
Natural Gas Pipeline Safety Act to maintain state control
over the regulation of intrastate pipeline transportation.
1989
54-13-3 Rules.
The commission shall adopt and enforce rules pursuant to Section 54-13-2 including rules which:
(1) incorporate the safety standards established under the federal Natural Gas Pipeline Safety Act that are applicable to intrastate pipeline transportation; and
(2) require persons engaged in intrastate pipeline transportation to:
(a) maintain records and to submit reports and information to the commission to enable the commission to determine whether the person is acting in compliance with this chapter or rules adopted under this chapter; and
(b) file, with the commission for its approval, a plan
for inspection and maintenance of each pipeline facility.
1989
54-13-4 Inspection and examination of records and properties.
Officers, employees, or agents authorized by the commission,
upon presenting appropriate credentials to the person in
charge, may inspect and examine, at reasonable times and
in a reasonable manner, the records and properties of any
person engaged in intrastate pipeline transportation to the
extent those records and properties are relevant to determining
whether the person is acting in compliance with this chapter
or rules under this chapter.
1989
54-13-5 Establishment of fee.
The commission may, by rule, establish a fee for the inspection
of pipeline facilities of any person engaged in intrastate
pipeline transportation who does not pay a public utilities
regulation fee pursuant to Title 54, Chapter 5.
1989
54-13-6 Violation of chapter - Penalty.
(1) Any person who is determined by the commission, after notice and an opportunity for a hearing, to have violated any provision of this chapter or any rule or order issued under this chapter, shall be liable for a civil penalty of not more than $10,000 for each violation for each day that violation persists.
(2) The maximum civil penalty assessed under this section may not exceed $500,000 for any related series of violations.
(3) The amount of the penalty shall be assessed by the commission by written notice.
(4) In determining the amount of the penalty, the commission shall consider:
(a) the nature, circumstances, and gravity of the violation; and
(b) with respect to the person found to have committed the violation:
(i) the degree of culpability;
(ii) history of prior violations;
(iii) the effect on his ability to continue to do business;
(iv) any good faith in attempting to achieve compliance;
(v) ability to pay the penalty; and
(vi) any other matter as justice may require.
(5) A civil penalty assessed under this section may be recovered in an action brought by the attorney general on behalf of the state in the appropriate district court, or prior to referral to the attorney general, it may be compromised by the commission. The amount of the penalty, when finally determined, or agreed upon in compromise, may be deducted from any sums owed by the state to the person charged.
(6) Any penalty collected under this section shall be
deposited in the General Fund.
1989
54-13-7 Minimum distances for placement of structures and facilities near main and transmission lines.
(1) As used in this section:
(a) "Main" has the meaning set forth in 49 C.F.R. Section 192.3;
(b) "Minimum distance" means:
(i) the width of a recorded easement when the width is described;
(ii) 15 feet when the width of a recorded easement is undefined; or
(iii) for any underground facility, it means an area measured one foot vertically and three feet horizontally from the outer surface of a main or transmission line.
(c) "Transmission line" has the meaning set forth in 49 C.F.R. Section 192.3; and
(d) "Underground facility" has the meaning set forth in Section 54-8a-2 .
(2) (a) After April 30, 1995, a building or structure requiring slab support or footings, or an underground facility may not be placed within the minimum distance of a main or transmission line.
(b) Subsection (2)(a) does not apply if:
(i) the building or structure is used for public or railroad transportation, natural gas pipeline purposes, or by a public utility subject to the jurisdiction or regulation of the Public Service Commission;
(ii) in order to receive natural gas service, the building or structure must be located within the minimum distance of the pipeline;
(iii) the owner or operator of the main or transmission line has been notified prior to construction or placement pursuant to Section 54-8a-4 and has given written permission; or
(iv) the commission by rule exempts such action from the provisions of Subsection (2)(a).
(3) An owner or operator of a main or transmission line may obtain a mandatory injunction from the district court of the judicial district in which the main or transmission line is located against any person who violates Subsection (2).
(4) The penalties specified in Title 54, Chapter 7, Hearings,
Practice and Procedure, and in Section
54-13-6
do not apply to a violation of this section.
1995
